A Selection of Leading Cases in Equity: With Notes, Volumen2T. & J.W. Johnson & Company, 1859 |
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Página 200
... legatee , where the creditors exhaust the personal estate , has no claim but what the testator gives him . In Lanoy v . The Duke of Athol , the case is put of a mortgagee of two estates , and a sub- scquent mortgage of one of them to ...
... legatee , where the creditors exhaust the personal estate , has no claim but what the testator gives him . In Lanoy v . The Duke of Athol , the case is put of a mortgagee of two estates , and a sub- scquent mortgage of one of them to ...
Página 207
... legatees against assets descended , a legatee has not so strong a claim to this species of equity as a creditor . But the mere bounty of the testator enables the legatee to call for this species of marshalling ; that , if those ...
... legatees against assets descended , a legatee has not so strong a claim to this species of equity as a creditor . But the mere bounty of the testator enables the legatee to call for this species of marshalling ; that , if those ...
Página 210
... legatee : Prowse v . Abingdon , 1 Atk . 482 ; and see Pearce v . Loman , 3 Ves . 135 ; there a legacy charged upon real estate , and payable at a future day , was held by Lord Rosslyn to sink as to the real estate by the death of the ...
... legatee : Prowse v . Abingdon , 1 Atk . 482 ; and see Pearce v . Loman , 3 Ves . 135 ; there a legacy charged upon real estate , and payable at a future day , was held by Lord Rosslyn to sink as to the real estate by the death of the ...
Página 211
... legatee be allowed to stand in the place of specialty creditors as against real estate devised , ( see Haslewood v . Pope , 3 P. Wms . 324 , 5th Resolution ; ) although , since 3 & 4 Will . 4 , c . 106 , the devisee be the heir ...
... legatee be allowed to stand in the place of specialty creditors as against real estate devised , ( see Haslewood v . Pope , 3 P. Wms . 324 , 5th Resolution ; ) although , since 3 & 4 Will . 4 , c . 106 , the devisee be the heir ...
Página 212
... legatee may stand in his place , and be satisfied out of the mortgaged premises , to the extent of the personalty ... legatees ( other than the wife ) were entitled to have the assets marshalled , and to stand in the place of the ...
... legatee may stand in his place , and be satisfied out of the mortgaged premises , to the extent of the personalty ... legatees ( other than the wife ) were entitled to have the assets marshalled , and to stand in the place of the ...
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Términos y frases comunes
actual agreement allowed amount annuity appears applied arising assets authority Bank Beav bequest bill bond bound charge circumstances claim commission condition consent consequently consideration considered contract conveyance Court creditors death debts decided decision decree deed defendant devise directed distinction doctrine doubt effect entitled equally equity evidence execution executor existence express fact followed fraud fund gift give given ground hands heir held instance intention interest Johnson joint judgment land legacy legatee Lord marriage married means ment mortgage nature notice opinion paid parol parties payment performance personal estate plaintiff portion possession principle prior prove provision purchaser question real estate reason received record reference respect rule satisfaction seems separate settled specific stand statute subsequent sufficient taken tion trust unless whole
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...