Reports of Cases Decided in the High Court of Chancery ...: With Notes and References to Both English and American Decisions ...Gould, Banks & Company, 1845 |
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Page 262
... parties , ought also to have been made parties to the supplemental suit . THE original bill in this case was filed by Samuel Feary , A. Manning , and W. C. Bromley , and Elizabeth his wife , against Joseph Stephenson , and William Read ...
... parties , ought also to have been made parties to the supplemental suit . THE original bill in this case was filed by Samuel Feary , A. Manning , and W. C. Bromley , and Elizabeth his wife , against Joseph Stephenson , and William Read ...
Page 263
... parties to whom the defendants were called on to account . The bill is brought to a hearing , and then it is admitted that Feary has no in- terest ; therefore , as it now stands , the suit is prosecuted by a party who has no interest ...
... parties to whom the defendants were called on to account . The bill is brought to a hearing , and then it is admitted that Feary has no in- terest ; therefore , as it now stands , the suit is prosecuted by a party who has no interest ...
Page 264
... parties will be put by allowing the objection , but it would be much more to be regretted , if an accounting party were to be ignorant to whom he is to account , up to the very time of the hearing . The cases cited have nothing to do ...
... parties will be put by allowing the objection , but it would be much more to be regretted , if an accounting party were to be ignorant to whom he is to account , up to the very time of the hearing . The cases cited have nothing to do ...
Page 265
... parties by amend- ment , or otherwise . Mr. Pemberton asked for the costs of the day , on the ground , that his clients not having been made parties to the supplemental bill , they had no opportunity of raising the objection by their ...
... parties by amend- ment , or otherwise . Mr. Pemberton asked for the costs of the day , on the ground , that his clients not having been made parties to the supplemental bill , they had no opportunity of raising the objection by their ...
Page 303
... parties to the suit . If the bill had prayed a discovery only , or for au injunction to restrain the defendant from setting up the outstanding term , it might not have been necessary to make them parties ; but here the bill pray- ed for ...
... parties to the suit . If the bill had prayed a discovery only , or for au injunction to restrain the defendant from setting up the outstanding term , it might not have been necessary to make them parties ; but here the bill pray- ed for ...
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Common terms and phrases
affidavit aforesaid afterwards agreement alleged amount annuity answer appears applied appointed assigns Attorney Beav benefit bequeathed bill cause charge charity child circumstances cited claim codicil considered contended costs court court of equity coverture creditors daughter death debts decease declared decree deed defendant demurrer devised directed entitled equity evidence executed executors filed fund gift heirs held husband infant injunction insolvent intended interest Ironmongers Company issue James John Kindersley land lease legacies legatee Lindo Lord Lord Chancellor Lord Cottenham Lord Eldon marriage Master misjoinder moiety mortgage Moses da Costa Moses Lindo motion objection obtained opinion paid Paige parties payment Pemberton personal estate petition plaintiff possession prayed proceedings purchase purpose question received reference remainder rents residue respect Richard Bacon ROLLS Russ settlement share solicitor suit term testator's thereof Thomas tion trustees twenty-one vested widow wife William
Popular passages
Page 982 - A deceased, by his will, devised and bequeathed the residue of his real and personal estate to trustees...
Page 828 - ... or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor; provided that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of...
Page 730 - Elizabeth, my well beloved wife, for and during the term of her natural life ; and from and immediately after her decease...
Page 713 - Thomas for life,' with remainder to trustees to preserve contingent remainders, with remainder to the first and other sons of the body of his grandson Thomas in tail male, with other remainders over.
Page 420 - ... wholly to re-enter, and the same to have again, re-possess and enjoy, as in his or their first and former estate, anything hereinbefore contained to the contrary thereof, in anywise notwithstanding.
Page 828 - Majesty's superior courts at Westminster, shall have any government stock, funds or annuities, or any stock or shares of, or in any public company in England, (whether incorporated or not...
Page 957 - I give, devise, and bequeath unto and as to all the rest, residue, and remainder of my estate and effects whatsoever and wheresoever...
Page 799 - Phipps, one third part of my estate both real and personal for and during the term of her natural life and after (her) decease I give the same to my children herein after mentioned equally to be divided among them and to be enjoyed by Them forever.
Page 484 - ... which it shall be proposed to examine him, would be admissible in evidence for or against him, such witness shall nevertheless be examined, but, in that case, a verdict or judgment in that action in favour of the party on whose behalf he shall have been examined, shall not be admissible in evidence for him or any one claiming under him...
Page 743 - Christ, and by devising and phantasying vain opinions of purgatory and masses satisfactory to be done for them which be departed, the which doctrine and vain opinion by nothing more is maintained and upholden, than by the abuse of trentals, chantries, and other provisions made for the continuance of the said blindness and ignorance...