The Enforcement of Decrees in EquityHarvard University Press, 1915 - 189 páginas |
Dentro del libro
Resultados 1-5 de 44
Página 88
... rights in rem , available against all the world , but subject to a power in ... cestui que trust from rights in personam against the trustee to rights in ... Law . ( Ledlie's trans . , 3d ed . ) 310–311 , 81-84 . 2 See Ames , Lectures in ...
... rights in rem , available against all the world , but subject to a power in ... cestui que trust from rights in personam against the trustee to rights in ... Law . ( Ledlie's trans . , 3d ed . ) 310–311 , 81-84 . 2 See Ames , Lectures in ...
Página 89
... rights by which the law pro- tects the interest of cestui que trust.1 Our writers are still at least lip - loyal to what was once truth , but is now mislead- ing and even reactionary , not only failing to explain the state of the ...
... rights by which the law pro- tects the interest of cestui que trust.1 Our writers are still at least lip - loyal to what was once truth , but is now mislead- ing and even reactionary , not only failing to explain the state of the ...
Página 90
... cestui's powers has already reached a stage at which an account of cestui's rights is justified in characterizing them as a complex including not only rights in personam against the trustee but also genuine rights in rem.1 The trustee's ...
... cestui's powers has already reached a stage at which an account of cestui's rights is justified in characterizing them as a complex including not only rights in personam against the trustee but also genuine rights in rem.1 The trustee's ...
Página 91
... right of the intended beneficiary to proceed in a court of the common law 2 ... cestui que use was made in 1446 ; 7 but Mr. Ames regards it as a reasonable ... cestui or hold it for his 1 Ames , Lectures in Legal History , 236 ; and cf ...
... right of the intended beneficiary to proceed in a court of the common law 2 ... cestui que use was made in 1446 ; 7 but Mr. Ames regards it as a reasonable ... cestui or hold it for his 1 Ames , Lectures in Legal History , 236 ; and cf ...
Página 92
... right in personam against the feoffee who had agreed to hold property to uses had already begun to have added to it by Chancery for the adequate protection of the interests of cestui que trust rights involving duties of others than the ...
... right in personam against the feoffee who had agreed to hold property to uses had already begun to have added to it by Chancery for the adequate protection of the interests of cestui que trust rights involving duties of others than the ...
Términos y frases comunes
action administration appointed authority bill bona fide purchaser cestui que trust cestui's interest cestui's rights cited claim commissioner common law compel contract convey conveyance Court of Chancery court of equity court of law courts of common covenants creditor debtor decree deed defendant direct disseisor duty enforce English entitled equitable estate equitable interest equitable rights equitable title equity jurisdiction escheat executed Federal courts feoffee give a real heirs held judex judges judgment Jurisprudence justice land legal estate Legal History legal title legislation Lord Chancellor Maitland ment merely non-resident party personal property personam plaintiff possession practice praetor proceeding protect purchaser for value quiet title real effect real property record remedy rights in personam rights in rem rights of cestui Roman Law rule Section secure sequestration sheriff specific performance specific relief statute subpoena suit tion trust res trustee's writ
Pasajes populares
Página 37 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Página 35 - States to enforce any legal or equitable lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to real or personal property within the district where such suit is brought...
Página 35 - ... one or more of the defendants therein shall not be an inhabitant of, or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to appear...
Página 159 - ... county in which the property is situated, a notice of the pendency of the action...
Página 159 - An action may be brought by any person against another who claims an estate or interest in real or personal property, adverse to him, for the purpose of determining such adverse claim...
Página 35 - ... entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district...
Página 170 - ... such decree shall be considered and taken, in all courts of law and equity, to have the same operation and effect, and be as available as if the conveyance, release or acquittance had been executed conformably to such decree, and this, notwithstanding any disability of such party by infancy, lunacy, coverture or otherwise.
Página 171 - When it is admitted by the pleading or examination of a party that he has in his possession, or under his control, any money or other thing capable of delivery, which being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court, or delivered to such party, with or without security, subject to the further direction of the court.
Página 152 - It must not be forgotten that the rules of courts of equity are not, like the rules of the common law, supposed to have been established from time immemorial. It is perfectly well known that they have been established from time to time — altered, improved, and refined from time to time.
Página 92 - Confidence reposed in some other, which is not issuing out of the land, but as a thing collateral, annexed in privity to the estate of the land, and to the person touching the land...