The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, Volume 15Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead Sweet & Maxwell, limited, 1894 |
From inside the book
Results 1-5 of 73
Page 32
... contended for the appellant , that there was fraud and breach of trust , 1st , in the purchase of the leasehold interest of Sarah Cooley , for the benefit of Phayre alone ; whereas , under the settlement , the money ought to have been ...
... contended for the appellant , that there was fraud and breach of trust , 1st , in the purchase of the leasehold interest of Sarah Cooley , for the benefit of Phayre alone ; whereas , under the settlement , the money ought to have been ...
Page 33
... contended , that there were many cases where the cestui que trust could not follow the trust money ; that the trustees had * power to lend out the money on securities , and they had accordingly taken these lands as a security , without ...
... contended , that there were many cases where the cestui que trust could not follow the trust money ; that the trustees had * power to lend out the money on securities , and they had accordingly taken these lands as a security , without ...
Page 35
... contended that the benefit belonged to Phayre alone , though the money was advanced out of the trust fund , and applied in the purchase of this leasehold interest instead of being applied in the purchase of lands in fee simple , to be ...
... contended that the benefit belonged to Phayre alone , though the money was advanced out of the trust fund , and applied in the purchase of this leasehold interest instead of being applied in the purchase of lands in fee simple , to be ...
Page 44
... contended , That the trusts of the term * resulted to the heir at law as un- disposed of . Arnold v . Chapman , Grosvenor v . Hallam , n . to Wright v . Row , Jackson v . Hurlock.§ For the respondents it was argued , that * in Arnold v ...
... contended , That the trusts of the term * resulted to the heir at law as un- disposed of . Arnold v . Chapman , Grosvenor v . Hallam , n . to Wright v . Row , Jackson v . Hurlock.§ For the respondents it was argued , that * in Arnold v ...
Page 50
... contended that the legatees should take in proportion to their legacies . But " no , " said the Court , " for in that way we should be making the will instead of the testator , " and it was held that the surplus resulted to the heir at ...
... contended that the legatees should take in proportion to their legacies . But " no , " said the Court , " for in that way we should be making the will instead of the testator , " and it was held that the surplus resulted to the heir at ...
Contents
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Other editions - View all
Common terms and phrases
action advowson aforesaid afterwards agreement appears applied appointment assigns assumpsit bankrupt bill of lading BOOTLE cargo chapel charge charter-party circumstances cited claim clause Cockburn contended contract copyhold Court court of equity Court of Session covenant creditors death debts deceased declared decree deed defendant delivered Devaynes Devaynes's devise discharged effect entitled evidence executed executors fraud freehold freight given grant ground heir at law held High Littleton intention interest issue James Cockburn John John Hodges judgment lands lease leasehold legacies liable LORD ELLENBOROUGH manor Margaret Cole Marquis of Lansdowne marriage ment messuages mortgage opinion paid parish parties payment personal estate Phayre plaintiff possession premises purchase question real estate remainder rent repair respect rule Sarah Mogg Serjt shew ship statute surviving partners tenant term testator's thereof Timsbury tion trust verdict vested void voyage Wigton words
Popular passages
Page 435 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 559 - And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Page 462 - The question for the opinion of the Court is, whether the plaintiff is entitled to recover in respect of the obstruction of light and air complained of.
Page 554 - ... all matters in difference between the parties, and to order and determine what he should think fit to be done by them respecting the matters in dispute...
Page 618 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Page 264 - ... he or they paying freight for the said goods as per charterparty, with primage and average accustomed...
Page 551 - I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages ? To be sure, one can hardly conceive worse conduct than this.
Page 470 - The question for the opinion of the Court is whether the plaintiff is entitled to recover all or any, or any part of the said several sums.
Page 237 - If it is a sort of injury by which the offender acquires no gain to himself at the expense of the sufferer, as beating or imprisoning a man, etc., there, the person injured has only a reparation for the delictum in damages to be assessed by a jury. But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor.