Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Eldon, 2-3권;30권Reed and Hunter, 1814 |
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Account admitted Affidavit Agreement alledged Annuity Answer Application Appointment Assigns Attorney Averment Bankrupt Bankruptcy Bill charged Charles Churchill Circumstances Commission Commissioners Consent considered contended Contract Conveyance Copyhold Costs Court of Equity Creditor D'Aguilar Death Debts declared Decree Deeds Defendant Demurrer Devise directed discharge Ecclesiastical Court Effect entitled Equity Execution Executors Expence farther fendant filed Fraud Freehold give granted Heir Injunction Instance Intention Interest Interpleader joint Jurisdiction Land Leach Lease Leasehold Leasehold Estate Legacies Letters Lien LINCOLN'S INN Lord CHANCELLOR Lord Hardwicke Lord Thurlow Master ment Money Mortgage Motion Objection Order paid Parties Partner Partnership Payment pendente lite personal Estate Petition Petitioner Phipps Plaintiff Plea prayed Principle Proceedings Property prove Purchaser Question real Estate received Reference Remainder Renewal Rents and Profits Right Rule Scotland Scrivener shew Sir Samuel Romilly Statute Statute of Frauds Subject Suit Testator's Testatrix tion Tithes Title Trust VICE-CHANCELLOR WELBY Words
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178 페이지 - ... legacies, shall be by them applied in the maintenance and education of the said respective children of my said deceased son, or in their placing out and advancement in the world, or otherwise be accumulated for their benefit at the discretion of my said trustees : and in case any or either of the said six children of my said deceased son shall happen to die under the age of twenty-one years, and without leaving issue of their respective bodies, lawfully begotten, then it is my will, that the...
52 페이지 - Plaintiff expressly on the Ground, that for this Purpose, the Auctioneer is the Agent of both Parties ; who are therefore bound by the Memorandum of the Sale, made by him. That Decision, it was contended, embraced every Question between the Parties. Mr. Hart, and Mr.
77 페이지 - Bache to hold to them for and during their natural lives, and the life of the longest liver of them, and from and after the decease of the survivor of them...
154 페이지 - ... end is so far from being attained, if the plea puts as much in issue as the answer could do, that on the contrary it increases the delay and expense. But why, it may be asked, should not the defendant be permitted to bring two points, on which the cause depends, to issue by his plea ? The answer is, because, if two, he may as well bring three points to issue ; and so on till all the matters in the bill are brought into issue upon the plea, which would be productive of all the delay and inconvenience...
419 페이지 - By command of his Royal Highness the Prince Regent, in the name and on the behalf of his majesty.
212 페이지 - Approbation, of the other, as it was for private Purposes, and, therefore, must be for the Increase of the Individual's Estate, and as it was against the covenanted Rights, or rather the Prohibitions, affecting both, and without the Knowledge, Consent, Privity, or subsequent Approbation, of the Co-partner, it is as much a Fraud within Lord Thurlow' s Rule, as if, according to the Expression I am informed I formerly used, he had stolen the Property.
344 페이지 - The Court is not to decree Performance unless it can collect upon a fair Interpretation of the Letters, that they import a concluded Agreement; if it rests reasonably doubtful, whether what passed was only Treaty, let the Progress towards the Confines of Agreement be more or less, the Court ought rather to leave the Parties to Law than specifically to perform what is doubtful, as a Contract.
241 페이지 - Hardwicke, that partowners of a ship, being tenants in common, and not joint-tenants, have a right, notwithstanding, to consider that as a chattel used in partnership, and liable, as partnership effects, to pay all debts whatever, to which any of them are liable on account of the ship. His opinion went the length, that the tenant in common had a right to a sale. There is great difficulty upon that case ; and the inclination of my judgment is against it But it would be a very strong act for me, by...
205 페이지 - With regard to them it is as if it had never existed : otherwise Suits would be indeterminable ; if one Party pending the Suit could by conveying to others create a Necessity for introducing new Parties.
407 페이지 - I could not find, though there is precedent enough of willing defendants, is that the plaintiff in a bill of interpleader against persons within and without the jurisdiction is bound to bring them all within the jurisdiction in a reasonable time; if he does not, the consequence is that the only person within the jurisdiction must have that which is represented to be the subject of competition ; and the plaintiff must be indemnified against those who are out of the jurisdiction when they think proper...