A Selection of Leading Cases in Equity: With Notes, Volumen1T. & J.W. Johnson & Company, 1859 |
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Página vii
... principle of equity , and in which the sense of American Judges seems to have gained an advantage , even , over England's greatest Chancellor . Our rule , as to a feme covert's power over her separate estate , is more reasonable and ...
... principle of equity , and in which the sense of American Judges seems to have gained an advantage , even , over England's greatest Chancellor . Our rule , as to a feme covert's power over her separate estate , is more reasonable and ...
Página 64
... principle upon which Courts of equity , in such cases as have been con- sidered , decree a strict settlement , seems to be this , viz . to give effect to the presumed intention of the parties to the articles , to make such a provision ...
... principle upon which Courts of equity , in such cases as have been con- sidered , decree a strict settlement , seems to be this , viz . to give effect to the presumed intention of the parties to the articles , to make such a provision ...
Página 78
... principle therefore must be considered as settled , that wherever there is an executory trust to be car- ried into ... principles and distinc- tions have been accurately defined and established , after great discussion , in Georgia . It ...
... principle therefore must be considered as settled , that wherever there is an executory trust to be car- ried into ... principles and distinc- tions have been accurately defined and established , after great discussion , in Georgia . It ...
Página 80
... principle , it is hard to escape from the conclusiveness of this reasoning . It is difficult to see any reason why an estate to A. in trust for B. for life , with remainder to the heirs of B. is an executed trust , and an estate to A ...
... principle , it is hard to escape from the conclusiveness of this reasoning . It is difficult to see any reason why an estate to A. in trust for B. for life , with remainder to the heirs of B. is an executed trust , and an estate to A ...
Página 84
... principle ,. that in the construction of marriage articles , the controlling principle is to give effect to the intention of the par- ties ; and in seeking to attain this end , the Court is not restrained by the technical rules which ...
... principle ,. that in the construction of marriage articles , the controlling principle is to give effect to the intention of the par- ties ; and in seeking to attain this end , the Court is not restrained by the technical rules which ...
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Términos y frases comunes
agreed agreement annuity appears applied appointment arise assignment authority Beav benefit bill bond bound Chancery charge circumstances claim consideration considered contract conveyance Court court of equity creditors death debts decided decision decree deed defendant devised directed doctrine doubt effect election entitled equity evidence execution executor express father favor fraud fund give given granted ground heirs held husband intention interest issue judgment laid land lease legacies liable lien Lord marriage married ment mortgage nature notice observed opinion paid parties partnership payment performance personal estate plaintiff possession present principle provision purchase question real estate reason remainder respect rule seems sell separate settled settlement sold specific statute sufficient surety taken tenant tion transaction trust unless waste whole wife
Pasajes populares
Página 291 - It shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in presence of the testator, but no form of attestation shall be necessary.
Página 650 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Página 636 - ... the heir or devisee to whom such land or hereditaments shall descend or be devised shall not be. entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person...
Página 779 - SEWKLL] gave his opinion ; he observed 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 ; and this in whatever manner the direction is given...
Página 527 - ... an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of, after such desertion, against her husband or his creditors, or any person claiming under him...
Página 259 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser; whether in one name or several; whether jointly or successive, — results to the man who advances the purchase money.
Página 85 - This may seem hard, that the trustee is the only person of all mankind who might not have the lease ; but it is very proper that rule should be strictly pursued and not in the least relaxed...
Página 139 - ... of contract, but even by means of securities entered into without the knowledge of the surety, having a right to have those securities transferred to him, though there was no stipulation for that, and to avail himself of all those securities against the debtor.
Página 154 - It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect.
Página 636 - ... charged with the payment of any sum or sums of money by way of mortgage, and such person shall not by his will or deed or other document, have signified any contrary or other intention, the heir or devisee to whom such...