Reports of Cases Decided in the Court of Chancery of the State of New Jersey, 47±ÇSoney & Sage, 1891 |
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... decree pro confesso shall be taken against an absent defend- ant who has not appeared or been served with process of subpoena , unless it shall appear by proof that the notice prescribed by the fifty - eighth rule has been served ...
... decree pro confesso shall be taken against an absent defend- ant who has not appeared or been served with process of subpoena , unless it shall appear by proof that the notice prescribed by the fifty - eighth rule has been served ...
4 ÆäÀÌÁö
... decree under Rev. p . 764 62 , but a part of the ex- pense of the settlement of the estate . 4. If residuary legatees insist that the balance found to be due to a deceased executor , upon an accounting by his representatives in the ...
... decree under Rev. p . 764 62 , but a part of the ex- pense of the settlement of the estate . 4. If residuary legatees insist that the balance found to be due to a deceased executor , upon an accounting by his representatives in the ...
11 ÆäÀÌÁö
... decree in favor of the complainant will be for that sum , with interest at seven per cent . from February 20th , 1885 , to the date of the decree , besides his costs to be taxed . GEORGE L. HERBERT et al . V. JOHN W. HERBERT . 1. Equity ...
... decree in favor of the complainant will be for that sum , with interest at seven per cent . from February 20th , 1885 , to the date of the decree , besides his costs to be taxed . GEORGE L. HERBERT et al . V. JOHN W. HERBERT . 1. Equity ...
17 ÆäÀÌÁö
... decree will operate upon the defendant and the land , and not upon the court . Barnsley v . Powell , 1 Ves . 285 ; 3 Pom . Eq . Jur . ¡× 1360 ; 2 Story Eq . Jur . 873 . In such a case as this , where the judgment at law has been properly ...
... decree will operate upon the defendant and the land , and not upon the court . Barnsley v . Powell , 1 Ves . 285 ; 3 Pom . Eq . Jur . ¡× 1360 ; 2 Story Eq . Jur . 873 . In such a case as this , where the judgment at law has been properly ...
39 ÆäÀÌÁö
... decree , requiring the defendants to interplead , cuts himself off , by his suit and decree , from any right which he has in the prop- erty which is the subject of his suit . 2. The phrases ¡° related to , ¡± ¡° relations " and " next of ...
... decree , requiring the defendants to interplead , cuts himself off , by his suit and decree , from any right which he has in the prop- erty which is the subject of his suit . 2. The phrases ¡° related to , ¡± ¡° relations " and " next of ...
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18 Stew agreement alleged amount answer appears appellant assignment Baghurst bank benefit Bergen county bill bond and mortgage C. E. Gr Camden Carlstadt chancellor CHIEF-JUSTICE claim complainant complainant's consent consideration contract conveyance conveyed corporation Cortlandt Parker counsel court of chancery court of equity creditors death debt decree deed defendant defendant's ditches entitled equity estoppel evidence executed executor Exrs fact Fort Lee fraud George Pace grantor Hackensack heirs at law husband intention interest interpleader Jersey City John judgment land Lawrence legatee marriage Meigs Mellick ment Miss Passage Morton orphans court owner paid Pancoast parties payment person Pironi plainant plaintiff Point Breeze possession premises principal proof purchaser purpose question real estate received rent respondent rule says Springer Starr statute statute of frauds street suit swears take-in tenant testator's tion transaction trust usury wife William witness
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47 ÆäÀÌÁö - There is no doubt that, where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract, on the one hand, to, and to charge with liability, on the other, the unnamed principals...
572 ÆäÀÌÁö - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
356 ÆäÀÌÁö - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
203 ÆäÀÌÁö - August 20th of same year, this court granted a rule to show cause why the judgment should not be opened and defendant let into a defense.
369 ÆäÀÌÁö - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
490 ÆäÀÌÁö - But no such damages shall be adjusted and paid until thoroughly examined and passed upon by the Commissioner of Indian Affairs and the Secretary of the Interior...
95 ÆäÀÌÁö - the principles and rules of the common law, as now universally known and understood, are so strong against fraud in every shape, that the common law would have attained every end proposed by the statutes 13 Eliz. c. 5, and 27 Eliz. c. 4. The former of these statutes relates to creditors only : the latter to purchasers. These statutes cannot receive too liberal a construction, or be too much extended in suppression of fraud.
47 ÆäÀÌÁö - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals ; and this, whether the agreement be or be not required to be in writing by the statute of frauds ; and this evidence in no way contradicts the written agreement.
25 ÆäÀÌÁö - Where there is no gift but by a direction to pay, or divide and pay, at a future time, or on a given event, or to transfer ' from and after ' a given event, the vesting will be postponed till after that time has arrived, or that event has happened, unless, from particular circumstances, a contrary intention is to be collected.
430 ÆäÀÌÁö - the grantor and his heirs are estopped from denying that there is a street or way to the extent of the land on those two sides. We consider this to be not merely a description, but an implied covenant that there are such streets.