A Selection of Leading Cases in Equity: With Notes, Volumen1T. & J.W. Johnson & Company, 1859 |
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Página 51
... Statute De Donis , which created entails , it is said to be a proper word for that purpose , and is used no less than ten times in that statute ; for this the authority of King v . Melling , 1 Vent . 214 , 225,5 and the reason there ...
... Statute De Donis , which created entails , it is said to be a proper word for that purpose , and is used no less than ten times in that statute ; for this the authority of King v . Melling , 1 Vent . 214 , 225,5 and the reason there ...
Página 54
... statutes , particularly the Statute De Donis , takes in all the children . In Shelley's case , 1 Co. 88 b , it is said , that if there be a gift to one for life , be it by deed or will , and afterwards comes a gift to the heirs of his ...
... statutes , particularly the Statute De Donis , takes in all the children . In Shelley's case , 1 Co. 88 b , it is said , that if there be a gift to one for life , be it by deed or will , and afterwards comes a gift to the heirs of his ...
Página 64
... statute 11 Hen . 7 , c . 20 , has been re- pealed as to estates ex provisione viri by 3 & 4 Will . 4 , c . 74 , s . 16 , this exception from the general rule will cease to be part of the law : Rochfort v . Fitzmaurice , 2 D. & W. 19 ...
... statute 11 Hen . 7 , c . 20 , has been re- pealed as to estates ex provisione viri by 3 & 4 Will . 4 , c . 74 , s . 16 , this exception from the general rule will cease to be part of the law : Rochfort v . Fitzmaurice , 2 D. & W. 19 ...
Página 133
... Statute of Marlbridge . The great object of the statute is , to protect the inheritance from more suits than are necessary . Though con- tribution is a part of the provision of the statute , yet in Fitzh . N. B. 338 , there is a writ of ...
... Statute of Marlbridge . The great object of the statute is , to protect the inheritance from more suits than are necessary . Though con- tribution is a part of the provision of the statute , yet in Fitzh . N. B. 338 , there is a writ of ...
Página 151
... Statute of Limitations , unless prosecuted within six years from the time at which the cause of action accrues ; and it seems to have been held in Fink v . Mahaffy , 8 Watts , 384 , that the right to subrogation . rises no higher than ...
... Statute of Limitations , unless prosecuted within six years from the time at which the cause of action accrues ; and it seems to have been held in Fink v . Mahaffy , 8 Watts , 384 , that the right to subrogation . rises no higher than ...
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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
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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...