Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey, Volume 6Hough & Gillespy, Printers, 1871 - Equity |
From inside the book
Results 1-5 of 56
Page 14
... directed , " and at the decease of his widow , the said devised tract of land is to go to his heirs , to be divided among them as the law directs in case of dying intestate . " Ezekiel Quick died July 1st , 1867 , having made a will ...
... directed , " and at the decease of his widow , the said devised tract of land is to go to his heirs , to be divided among them as the law directs in case of dying intestate . " Ezekiel Quick died July 1st , 1867 , having made a will ...
Page 41
... directed in his own hand writing to Pal- mer , at the Delavan House , Albany , was found in her trunk , and taken out by Mrs. Crandall with the letter . But this can as well be accounted for by an intention to communicate with Palmer ...
... directed in his own hand writing to Pal- mer , at the Delavan House , Albany , was found in her trunk , and taken out by Mrs. Crandall with the letter . But this can as well be accounted for by an intention to communicate with Palmer ...
Page 78
... directed by him , before the date of said release . It is urged that the plea of release is void , because it is not stated in the plea or the answer in support of it , that the release was obtained fairly and without fraud . The ...
... directed by him , before the date of said release . It is urged that the plea of release is void , because it is not stated in the plea or the answer in support of it , that the release was obtained fairly and without fraud . The ...
Page 79
... directing that he should place the same at interest , and apply the interest and part of the principal , if necessary , to her support . The Chancellor says that " no time will bar the claim in case of a direct trust . " But whether ...
... directing that he should place the same at interest , and apply the interest and part of the principal , if necessary , to her support . The Chancellor says that " no time will bar the claim in case of a direct trust . " But whether ...
Page 80
... directed the money before paid , should be credited on the new conveyances , and authorized Shepherd , as his attor- ney , to sell all the residue of his property , and to pay with money received , his debts , Shepherd was not thereby ...
... directed the money before paid , should be credited on the new conveyances , and authorized Shepherd , as his attor- ney , to sell all the residue of his property , and to pay with money received , his debts , Shepherd was not thereby ...
Common terms and phrases
admitted adultery agreement alleged amount answer appeal applied assignment Baird Bergen bill bond Boonton branch C. E. Green cause Chancellor charge Chief Justice circumstances claim collateral common law complainant complainant's consanguinity consent Constitution construction contract conveyance conveyed Court of Chancery court of equity covenant creditors death debt Decamp deceased declared decree deed defendant denied Derby divorce entitled Erie evidence execution fact father filed fraud given Green's Ch heirs held Hillburn Hoboken husband injunction intended interest Jersey City judgment jurisdiction Klous Landis lands legacy legislature Long Dock Company marriage matter ment mortgage opinion paid party payment person plainant premises Prerogative Court proof purchase money question railroad company Raritan relief rule says secure separate estate settled specific performance statute statute of distributions statute of frauds stipulations suit testator testimony tion trust Vanderveer Vanderveer's Executor void Walker Wheeler wife witness words
Popular passages
Page 537 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 422 - ... committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution.
Page 428 - ... it is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers, and its acts to be considered void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 513 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 394 - And even when time is not thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has been inexcusably negligent in performing the contract on his part ; or if there has, in the intermediate period, been...
Page 512 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 17 - W. by deed or will should appoint ; " and, for want of such appointment, to the heirs of the body of " W., share and share alike, as tenants in common ; and if but one " child, the whole to such only child ; and, for want of such issue, " to the heirs of the testator.
Page 513 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 414 - The judicial power shall be vested in a Court of Errors and Appeals, in the last resort in all causes, as heretofore ; a Court for the trial of Impeachments ; a Court of Chancery; a Prerogative Court ; a Supreme Court...
Page 439 - The judicial power shall be vested in a court of errors and appeals in the last resort in all causes, as heretofore ; a court for the trial of impeachments ; a court of chancery ; a prerogative court ; a supreme court ; circuit courts, and such inferior courts as now exist, and as may be hereafter ordained and established by law ; which inferior courts the legislature may alter or abolish, as the public good shall require.