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Act of Parliament action affidavit aforesaid agreed agreement alleged Amersham amount annuity appeared applied appointed assignment attorney bank bankrupt bankruptcy bill charge claim clause codicil Coleshill commissioners contract costs court court of equity creditors death debt debtor deceased declaration decree deed deft devise entitled equity evidence executed executors George Bankes Gibbs grant held Henry Bankes Holyhead intended interest interpleader issue judgment jurisdiction jury lands lease liable Lord Lord Henry Bentinck mandamus matter ment Messrs Misses Gibbs mortgage notice opinion owner paid parish parties payment person petition plea possession premises proceedings provisions purchase purpose question Railway Company referred resp respect Royal Mail sect settlement settlor shares Shipping Gazette solicitor statute tenant testator thereof tion trustees Vict wife William John Bankes words
180 페이지 - But If a vendor or mortgagor agrees to sell or mortgage property, real or personal, of which he is not possessed at the time, and he receives the consideration for the contract, and afterwards becomes possessed of property answering the description In the contract, there is no doubt that a court of equity would compel him to perform the contract, and that the contract would, in equity, transfer the beneficial interest to the mortgagee or purchaser immediately on the property being acquired.
216 페이지 - ... it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
159 페이지 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
268 페이지 - Thirty days after sight of this first of exchange (second and third of the same tenor and date unpaid...
176 페이지 - ... have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy.
69 페이지 - WHEREAS by the custom of merchants a bill of lading of goods being transferable by indorsement the property in the goods may thereby pass to the indorsee, but nevertheless all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is expedient that such rights should pass with the property...
180 페이지 - A contract for valuable consideration, by which it is agreed to make a present transfer of property, passes at once the beneficial interest, provided the contract is one of which a court of equity will decree specific performance. In the language of Lord Hardwicke, the vendor becomes a trustee for the vendee ; subject, of course, to the contract being one to be specifically performed.
202 페이지 - Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
180 페이지 - Apply these familiar principles to the present case; it follows that immediately on the new machinery and effects being fixed or placed in the mill, they became subject to the operation of the contract, and passed in equity to the mortgagees, to whom Taylor was bound to make a legal conveyance, and for whom he, in the meantime, was a trustee of the property in question.