A Digest of New York Statutes and Reports: From the Earliest Period to the Year 1860, Volume 3J.S. Voorhies, 1864 - Law reports, digests, etc |
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Page 95
... equity may compel one of several co - executors to settle the amount of his indebt- make such disposition of the fund as justice and equity may require . Smith v . Lawrence , 11 Paige , 206 ; and see Decker v . Miller , 2 Id . , 149 ...
... equity may compel one of several co - executors to settle the amount of his indebt- make such disposition of the fund as justice and equity may require . Smith v . Lawrence , 11 Paige , 206 ; and see Decker v . Miller , 2 Id . , 149 ...
Page 98
... equity , specialty - creditors are deprived of their com- mon - law right of preference over simple con- tract - creditors , as well as being placed upon terms of perfect equality as between all the creditors of the same class ...
... equity , specialty - creditors are deprived of their com- mon - law right of preference over simple con- tract - creditors , as well as being placed upon terms of perfect equality as between all the creditors of the same class ...
Page 102
... equity will discriminate in the dis - quire a creditor who has an additional secu- tribution of them , following the rule of the rity upon another fund which is primarily law as to the legal assets , but directing the equitable assets ...
... equity will discriminate in the dis - quire a creditor who has an additional secu- tribution of them , following the rule of the rity upon another fund which is primarily law as to the legal assets , but directing the equitable assets ...
Page 109
... equity . Chancery , 1847 , Valentine v . Val- entine , 2 Barb . Ch . , 430 . 565. Decreeing purchase void . A surro- gate has power , upon the administrator's ac- counting , to decree a purchase by him of a chattel interest in land ...
... equity . Chancery , 1847 , Valentine v . Val- entine , 2 Barb . Ch . , 430 . 565. Decreeing purchase void . A surro- gate has power , upon the administrator's ac- counting , to decree a purchase by him of a chattel interest in land ...
Page 154
... equity . Where 50. Restitution and payment of costs , how enforced . 2 Rev. Stat . , 509 , § 13 . 51. Some collateral proceedings on the same subject , prescribed and regulated . 2 Rev. Stat . , 510 , §§ 14-23 . 52. Certiorari . That ...
... equity . Where 50. Restitution and payment of costs , how enforced . 2 Rev. Stat . , 509 , § 13 . 51. Some collateral proceedings on the same subject , prescribed and regulated . 2 Rev. Stat . , 510 , §§ 14-23 . 52. Certiorari . That ...
Common terms and phrases
11 Paige A. V. Chan Abbotts action administrator affidavit affirming S. C. amount Appeals application appointed assignment Barb bill Bradf cargo Chancery charge claim Code complaint Comst contract conveyance court court of equity creditors debt debtor decree deed defendant discharge Duer E. D. Smith entitled equity Errors execution executor foreclosure fraud fraudulent granted guardian habeas corpus Held Hill husband indictment infant injunction insured interest issued Jackson Johns judg judgment jurisdiction land levy liable lien loss Matter ment mortgage N. Y. Leg N. Y. Superior Ct N. Y. Surr notice owner party payment person plaintiff possession preme Ct premises proceedings provision purchaser real property recover Sandf Seld sheriff sheriff's deed sold Stat statute Statute of Frauds subsequent suit Supreme Ct surrogate tion trust valid vessel void Wend wife
Popular passages
Page 398 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 59 - ... after the return of an execution against his property unsatisfied in whole or in part...
Page 497 - But the causes of action, so united, must all belong to one of these classes, and, except in actions for the foreclosure of mortgages, must affect all the parties to the action, and not require different places of trial, and must be separately stated.
Page 252 - Every contract for the leasing for*a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is made.
Page 77 - Things annexed to the freehold, or to any building for the purpose of trade or manufacture, and not fixed into the wall of a house so as to be essential to its support.
Page 296 - From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without...
Page 431 - The question, therefore, must always be " whether there was, under all the circumstances at the time the policy was underwritten, a fair representation ; or a concealment ; fraudulent, if designed ; or, though not designed, varying materially the object of the policy, and changing the risk understood to be run.
Page 491 - If the payment exceeds the interest, the surplus goes toward discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due. If the payment be less than the interest, the surplus of interest must not be taken to augment the principal ; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due ; and then the surplus is to be applied toward discharging the principal, and interest is...
Page 569 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 223 - ... decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.