Select Cases Decided by Lord Brougham in the Court of Chancery: In the Years 1833 & 1834S. Sweet, 1835 - 521 pages |
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Page xii
... alleged , such a plea further defective , because not accompanied by an answer denying such possession . Assertion sometimes made that rules of pleading are less strict in equity than at law . HOLLAND V. PRIOR .- ( February 15 , 1834 ...
... alleged , such a plea further defective , because not accompanied by an answer denying such possession . Assertion sometimes made that rules of pleading are less strict in equity than at law . HOLLAND V. PRIOR .- ( February 15 , 1834 ...
Page xiv
... Alleged practice of a Consistorial Court , that notice to a party defending personally to attend from Court - day to Court - day is not requisite , cannot be supported . Earl of RIPON v . HOBART .- ( January 29 , 1834. ) 60 .. 361 ...
... Alleged practice of a Consistorial Court , that notice to a party defending personally to attend from Court - day to Court - day is not requisite , cannot be supported . Earl of RIPON v . HOBART .- ( January 29 , 1834. ) 60 .. 361 ...
Page 60
... alleged to charge the ground that al- ship in Cumming's hands , with a trust to pay Rat- tenbury's debt , i . e . the sum of £ 661 due from Snowden to him for repairs . The letter 8th March , must be taken 1827 , from Snowden to Cumming ...
... alleged to charge the ground that al- ship in Cumming's hands , with a trust to pay Rat- tenbury's debt , i . e . the sum of £ 661 due from Snowden to him for repairs . The letter 8th March , must be taken 1827 , from Snowden to Cumming ...
Page 121
... alleged by the plaintiff himself , that in most of those instances no other notice was given except by such entry , the inference is irresistible , that the construction put by general consent upon the provisions of the deed was , that ...
... alleged by the plaintiff himself , that in most of those instances no other notice was given except by such entry , the inference is irresistible , that the construction put by general consent upon the provisions of the deed was , that ...
Page 130
... alleged , obtained by fraud from Mrs. St. George , then Miss Noble ; and both gifts being , it was further alleged , made while that marriage was in contemplation , which , four weeks after , was had between the two plaintiffs . It is ...
... alleged , obtained by fraud from Mrs. St. George , then Miss Noble ; and both gifts being , it was further alleged , made while that marriage was in contemplation , which , four weeks after , was had between the two plaintiffs . It is ...
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Common terms and phrases
admitted affidavit aforesaid Alderman alleged annuity answer appears application assigns attorney authority averment bankrupt bankruptcy bequeathed bequest bill Caroline charge circumstances clause codicil College Commission of Review Commissioners consent construction contempt Court covenant daughter death debt decease decision decree deed defendant demurrer disposed doubt entitled equity evidence examination execution executors favour fund gift give given ground heir held inclosure act injunction intention interest issue judgment land lease leasehold legacies legatee Lord Chancellor Lord Eldon Lord Thurlow marriage married matter ment moiety ne exeat notice objection observed opinion ordino party personal estate petition plainly plaintiff plea possession present principle proceedings proprietors prove provisions purchaser question reference refused rents residue respect rule scholars Serjeant-at-arms share solicitor solvent partner sufficient suit surviving taken testator's thereof thing Thomas Cass tion transaction trust twenty-one vested Vice-Chancellor volo whole words
Popular passages
Page 317 - This tends to no mischief, and is a reasonable liberty to bestow; but great detriment would arise and much confusion of rights, if parties were allowed to invent new modes of holding and enjoying real property, and to impress upon their lands and tenements a peculiar character, which should follow them into all hands, however remote.
Page 71 - A. be dead at the date of the will or at the death of the testator, the issue of that child cannot take anything.
Page 153 - And then it is provided, in the third section, " that all such matters to be heard and determined in the said Court of Review shall be brought on by way of petition, motion, or special case...
Page 440 - Warrant; and for so doing this shall be your sufficient Warrant.
Page 327 - It is not sufficient that a covenant is concerning the land, but, in order to make it run with the land, there must be a privity of estate between the covenanting parties.
Page 317 - Every close, every messuage, might thus be held in a different fashion, and it would be hardly possible to know what rights the acquisition of any parcel conferred, or what obligations it imposed. The right of way or of common is of a public, as well as of a simple, nature, and no one who sees the premises can be ignorant of what all the vicinage knows.
Page 96 - I sat here, the principle has been acted upon, that even the party himself cannot be compelled to disclose his own statements made to his counsel or solicitor in the suit pending, or with reference to that suit when in contemplation.
Page 80 - Monypenny for and during the term of his natural life, and from and immediately after his decease, upon trust for the first son of the body of such first son, and the heirs male of his body ; and, in default of such issue...
Page 1 - Court, by the affidavit of the solicitor of the plaintiff, or of his town agent, if the writ of attachment was issued by such town agent, that due diligence was used to ascertain the place where such defendant was at the time of issuing such writ, and in endeavouring to apprehend such defendant under the same, and that the person suing forth such writ verily believed at the time of suing forth the same that such defendant was in the county into which such writ was issued.
Page 98 - But were it allowed to extend over such communications the protection would be insufficient, if it only included communications more or less connected with judicial proceedings ; for a person oftentimes requires the aid of professional advice upon the subject of his rights and...