The English Reports: Chancery (including collateral reports) (1557-1865), Volume 33W. Green, 1903 |
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Page 14
... according to the Statute of Frauds , are a charge , if charged upon an estate , that is a subsidiary fund , is there stated . It is analogy to the case of debts ; as , in the case of a charge of all debts upon real estate the testator ...
... according to the Statute of Frauds , are a charge , if charged upon an estate , that is a subsidiary fund , is there stated . It is analogy to the case of debts ; as , in the case of a charge of all debts upon real estate the testator ...
Page 37
... according to the maxim , " Nemo est Hares Viventis . " The estates for life to Martin and Eleanor Barry are clearly legal estates ; and , if the subsequent remainder is vested , it could not by any subse- quent event become contingent ...
... according to the maxim , " Nemo est Hares Viventis . " The estates for life to Martin and Eleanor Barry are clearly legal estates ; and , if the subsequent remainder is vested , it could not by any subse- quent event become contingent ...
Page 71
... according to the agreement ; every one of which , it was contended , had been broken . The lease therefore would have been forfeited , if it had been granted at the date of the agreement . Therefore I had either to direct the reference ...
... according to the agreement ; every one of which , it was contended , had been broken . The lease therefore would have been forfeited , if it had been granted at the date of the agreement . Therefore I had either to direct the reference ...
Page 72
... according to the usual covenants in leases of lands in the neighbourhood , would have been a forfeiture of the lease ; if any had been in existence . [ 187 ] By a farther Answer to the amended Bill the Defendant stated , that , in case ...
... according to the usual covenants in leases of lands in the neighbourhood , would have been a forfeiture of the lease ; if any had been in existence . [ 187 ] By a farther Answer to the amended Bill the Defendant stated , that , in case ...
Page 88
... according to the Report [ 229 ] in Barnardiston , and according to the known practice of conveyancers , which is adopted in the direction of the decree now under consideration , than the passage in Stanley v . Leigh ( 2 P. Will . 689 ) ...
... according to the Report [ 229 ] in Barnardiston , and according to the known practice of conveyancers , which is adopted in the direction of the decree now under consideration , than the passage in Stanley v . Leigh ( 2 P. Will . 689 ) ...
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Common terms and phrases
action admitted affidavit agreement annuity answer applied appointed assigns attorney bankrupt bankruptcy Bill Cestui que trust charged circumstances claim codicil Commission consideration considered contract conveyance copyhold costs Court of Equity covenant creditors death debt decease declared Decree deed Defendant demurrer devise directed dividend effect entitled evidence executed executors farther fraud freehold fund give given Grant ground heir Henry Swinburne Injunction insisted instance instrument intention interest issue John John Purcell jurisdiction lease leasehold estates legacies legatee Lord Chancellor Erskine Lord Eldon Lord Hardwicke Lord Lonsdale Lord Thurlow marriage Master mortgage Motion objection opinion Order paid party payment personal estate Petition petitioner Plaintiff possession prayed premises principle Purcell purchase purpose question real estate rents and profits residue Rolls Sir Romilly settlement shew Solicitor specific performance Statute Statute of Frauds tenant term testator's Thornton transaction trustees wife
Popular passages
Page 281 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to his son and...
Page 151 - ... to trustees to preserve contingent remainders ; remainder to the use of the...
Page 87 - It is ordered and adjudged by the lords spiritual and temporal in parliament assembled, that the said petition and appeal be, and is hereby, dismissed this House ; and that the said interlocutor therein complained of be, and the same is hereby, affirmed.
Page 508 - The question is, not, whether she knew what she was doing, had done, or proposed to do, but how the intention was produced : whether all that care and providence was placed round her, as against those, who advised her, which, from their situation and relation with respect to her, they were bound to exert on her behalf.
Page 298 - whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case. If the plaintiff cannot open his case without showing that he has broken the law, the court will not assist him, whatever his claim in justice may be upon the defendant.
Page 362 - The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth; and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Page 475 - If the lord ousts his [copyhold] tenant he does him a wrong, for his tenant is as well inheritor to have the land to him and his heirs according to the custom of the manor as any man is to have his lands at common law.
Page 306 - B. lawfully begotten or to be begotten, equally to be divided between or among them, if more than one, share and share alike as tenants in common and not as joint tenants...
Page 313 - ... then the share or shares of him, her, or them so dying should...
Page 306 - ... to the use of such surviving and only son, and the heirs of his body; and, for default of such issue...