A Selection of Leading Cases in Equity: With Notes, Volumen2T. & J.W. Johnson & Company, 1859 |
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Página xiii
... purchase and settle an estate , ) 345 · WOOLAM v . HEARN , ( Distinction between seeking and resisting spe- cific performance as to the admission of evidence , ) 404 INDEX ΤΟ THE NAMES OF CASES CITED . The pages LIST OF CASES REPORTED. ...
... purchase and settle an estate , ) 345 · WOOLAM v . HEARN , ( Distinction between seeking and resisting spe- cific performance as to the admission of evidence , ) 404 INDEX ΤΟ THE NAMES OF CASES CITED . The pages LIST OF CASES REPORTED. ...
Página 54
... distinction , " that where the plaintiff hath a title in law , there , though the defendant doth purchase without notice , yet he shall discover writings ; but otherwise , it is if the plain- tiff hath only a title in equity ; for there ...
... distinction , " that where the plaintiff hath a title in law , there , though the defendant doth purchase without notice , yet he shall discover writings ; but otherwise , it is if the plain- tiff hath only a title in equity ; for there ...
Página 59
... distinction to reconcile precisely , and noticing the cases of Williams v . Lambe , ( 3 Bro . C. C. 264 , ) and Collins v . Archer , ( 1 Russ . & My . 284 , ) his Honor added , " The distinction I appre- hend to be this : -if the suit ...
... distinction to reconcile precisely , and noticing the cases of Williams v . Lambe , ( 3 Bro . C. C. 264 , ) and Collins v . Archer , ( 1 Russ . & My . 284 , ) his Honor added , " The distinction I appre- hend to be this : -if the suit ...
Página 66
... distinction seems to be between participation or procurement , and silence or acquiescence ; the one imposing no liability , unless there is wilful conceal- ment or fraud : Clabaugh v . Byerly , 7 Gill , 384 ; Strong v . Ellsworth , 26 ...
... distinction seems to be between participation or procurement , and silence or acquiescence ; the one imposing no liability , unless there is wilful conceal- ment or fraud : Clabaugh v . Byerly , 7 Gill , 384 ; Strong v . Ellsworth , 26 ...
Página 68
... distinction thus taken by techni- cal equity , is founded upon the prin- ciples of natural equity and morality , which justify every one who has paid his money in good faith , and with the full expectation of acquiring that for which he ...
... distinction thus taken by techni- cal equity , is founded upon the prin- ciples of natural equity and morality , which justify every one who has paid his money in good faith , and with the full expectation of acquiring that for which he ...
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Términos y frases comunes
adeemed ademption agreement allowed annuity appears applied arising assets assignment Bank Beav bequeathed bequest bill bona fide purchaser bond cestui que trust Chancellor charge chaser circumstances claim commission condition consent constructive notice conveyance court of equity covenant death debtor decision decree deed defendant devise doctrine effect entitled equally execution executor favor fraud fund gift give given ground Harris heir held intention interest Johnson judgment land legacy legal title legatee lien loco parentis Lord Chancellor Lord Eldon Lord Hardwicke Lord Thurlow marriage married ment mortgage notice paid Paige parol evidence parties partner partnership payment of debts personal estate plaintiff presumption principle prior provision purchaser question real estate residuary residue rule satisfaction settled settlement specific performance statute Statute of Frauds subsequent tenant testator's tion unless valuable consideration vendor Vern Vesey Watts
Pasajes populares
Página 138 - ... or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge...
Página 481 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 84 - The assignee can always go to the debtor, and ascertain what claims he may have against the bond or other chose in action, which he is about purchasing from the obligee ; but he may not be able, with the utmost diligence, to ascertain the latent equity of some third person against the obligee.
Página 135 - ... is liable to the same extent and in the same manner as the person from whom he made the purchase, and is bound to do that which his vendor had agreed to perform.
Página 659 - No person shall be charged upon any contract, or sale of lands, &e., unless the agreement, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 482 - ... it seems to me there might be considerable difficulty in saying that the ' contrary intention,' to which the act in its 24th section refers, does not appear on the face of the will ; but when a bequest is of that which is generic — of that which may be increased or diminished, then, I apprehend, the Wills Act requires something more on the face of the will, for the purpose of indicating such ' contrary intention,' than the mere circumstance that the subject of the bequest is designated by the...
Página 293 - Act, all creditors by specialty in which the heirs are bound, shall be paid the full amount of the debts due to them before any of the creditors by simple contract or by specialty in which the heirs are not bound, shall be paid any part of their demands.
Página 705 - It is the same, if it be omitted by design, upon mutual confidence between the parties; for the violation of such an agreement would be a fraud of the most flagrant kind, originating in an open breach of trust against conscience and justice.
Página 142 - where the purchaser cannot make out a title but by a deed, which leads him to " another fact, the purchaser shall not be a purchaser without notice of that fact ; ' but shall be presumed cognisant thereof ; for it is Crassa negligentia that he sought
Página 388 - If one concerts with an executor, by obtaining the testator's effects at a nominal price, or at a fraudulent undervalue, or by applying the real value to the purchase of other subjects for his own behoof, or in extinguishing the private debt of the executor, or in any other manner...