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 xiv
... decree for an account is never enrolled . PELL V. STEPHENS.- ( December 20 , 1833. ) It is no ground for restraining a mortgagee from enforcing his security at law , that he has contracted to buy from the mortgagor another estate , from ...
... decree for an account is never enrolled . PELL V. STEPHENS.- ( December 20 , 1833. ) It is no ground for restraining a mortgagee from enforcing his security at law , that he has contracted to buy from the mortgagor another estate , from ...
Page xvi
... decree . Bill being dismissed , an injunction falls with it , without special order . WRIGHT v . GREEN .- ( January 28 , 1833. ) Form of the affidavit required by the 1 Will . 4 , c . 36 , sect . 15 , rule 1 , as a foundation for an ...
... decree . Bill being dismissed , an injunction falls with it , without special order . WRIGHT v . GREEN .- ( January 28 , 1833. ) Form of the affidavit required by the 1 Will . 4 , c . 36 , sect . 15 , rule 1 , as a foundation for an ...
Page 27
... decreed against Fairlie , when he stated upon interrogatory that the personal estate of Mrs. Haigh , and the rents of the aforesaid houses and land , mixed together , were carried to the account of " Hannah Haigh's estate . " The ...
... decreed against Fairlie , when he stated upon interrogatory that the personal estate of Mrs. Haigh , and the rents of the aforesaid houses and land , mixed together , were carried to the account of " Hannah Haigh's estate . " The ...
Page 30
... decreed the property in India to be freehold of inheritance , and that possession thereof should be given to Eboral . This is the decree in Freeman v . Fairlie , now under appeal . On the 9th February 1829 , Mrs. Oldham and the Smiths ...
... decreed the property in India to be freehold of inheritance , and that possession thereof should be given to Eboral . This is the decree in Freeman v . Fairlie , now under appeal . On the 9th February 1829 , Mrs. Oldham and the Smiths ...
Page 35
... decree of the Master of the Rolls , upon the construction of a will , of which the fol- lowing particulars contain every thing necessary for a full under- standing of the judgment . Immediately after some specific de- vises and bequests ...
... decree of the Master of the Rolls , upon the construction of a will , of which the fol- lowing particulars contain every thing necessary for a full under- standing of the judgment . Immediately after some specific de- vises and bequests ...
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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...