Reports of Cases Argued and Determined in the Court of Exchequer in Equity ... [1834-1842], Volume 1S. Sweet, 1836 |
From inside the book
Results 1-5 of 92
Page 41
... discovery of his having parted with his in- terest ( a ) . If Baily had not been made a party , either as plaintiff or defendant , the bill would have been demurred to . In support of the bill , Lord Redesdale's Treatise on Pleading ( b ) ...
... discovery of his having parted with his in- terest ( a ) . If Baily had not been made a party , either as plaintiff or defendant , the bill would have been demurred to . In support of the bill , Lord Redesdale's Treatise on Pleading ( b ) ...
Page 44
... discovery , and there was no discussion . The plea here is not to the merits , but to a mere matter of form . This application is merely for delay . Mr. Wakefield , in reply . - The plea is one of vital im- portance . There has been no ...
... discovery , and there was no discussion . The plea here is not to the merits , but to a mere matter of form . This application is merely for delay . Mr. Wakefield , in reply . - The plea is one of vital im- portance . There has been no ...
Page 50
... discovery . If he has not done so , it is not the fault of the plaintiffs . The pre- sent bill was filed in 1832. He files his plea after the de- cree in the original suit was made . He makes no apology for not putting in his defence ...
... discovery . If he has not done so , it is not the fault of the plaintiffs . The pre- sent bill was filed in 1832. He files his plea after the de- cree in the original suit was made . He makes no apology for not putting in his defence ...
Page 107
... discovery of the deeds and ( a ) See the observations of Lord Eldon , in Postlethwaite v . Blythe , 2 Swan . 256 . ( b ) 2 Ves . sen . 445 . 1834 . SPARKE v . MONTRIOU . 1834 . SPARKE V. MONTRIOU . writings of the defendant's COURT OF ...
... discovery of the deeds and ( a ) See the observations of Lord Eldon , in Postlethwaite v . Blythe , 2 Swan . 256 . ( b ) 2 Ves . sen . 445 . 1834 . SPARKE v . MONTRIOU . 1834 . SPARKE V. MONTRIOU . writings of the defendant's COURT OF ...
Page 197
... discovery be improper , if the bill states may be ancil- a clear case for equitable relief to which the discovery sought lary , and like- with a prayer for general relief . tion having been filed by wise concludes An informa- the ...
... discovery be improper , if the bill states may be ancil- a clear case for equitable relief to which the discovery sought lary , and like- with a prayer for general relief . tion having been filed by wise concludes An informa- the ...
Common terms and phrases
act of Parliament action admitted advowson affidavit aforesaid agent agreement Alderson alleged annuity answer appears apply assignment attorney Bank of England bankrupt bankruptcy bill of discovery Boulnois chapelry charge circumstances claim commissioners contract conveyance costs Court of equity Court of Exchequer creditors dant debts decree deed defendant demurrer documents entitled estate tail evidence executors fact file a bill fraud GLYN grant ground Gwill heirs Hook Bank Hulme indorsement injunction interest issue JESUS COLLEGE Jordan lands lease Lord Chief Baron Lord Eldon Lord Lyndhurst manor matter ment modus mortgage paid parish partnership party payment person plaintiff plea pleaded possession prayed premises present proceedings purchase question rector rent respect Richards Robert Todd Sandhutton shew Simpkinson Slatter SOARES solicitor Sowerby statute suit Suppose testator testator's thereof Thirsk tion tithes TOLDERVY trustees wife William words
Popular passages
Page 234 - ... hereinafter expressed and declared of and concerning the same, that is to say...
Page 235 - Elizabeth, my well beloved wife, for and during the term of her natural life ; and from and immediately after her decease...
Page 224 - Court, be paid to the person or persons who would for the time being have been entitled to the rents and profits of the said manor had no enfranchisement been made as aforesaid.
Page 593 - W. by deed &c. should appoint, and, for want of such appointment, to the heirs of the body of W., share and share alike, as tenants in common, and, if but one child, the whole to such only child, and, for want of such issue, to the heirs of the devisor : the Court of King's Bench held (5 M.
Page 160 - England in the name and with the privity of the Accountant-General of the Court of Chancery, to be placed to his account there...
Page 569 - I cannot help feeling that, in the case of an executory agreement, first to reform and then to decree an execution of it would be •virtually to repeal the Statute of Frauds.
Page 486 - Now in the course of the argument it was urged that an equitable as well as a legal interest may be the subject of conveyance, and that the assignee of a chose in action may file a bill in equity to recover it, though he cannot proceed at law for that purpose. But where an equitable interest is assigned it appears to me that in order to give the assignee a locus standi in a court of equity the party assigning that right must have some substantial possession, some capability of personal enjoyment,...
Page 698 - H., his wife, for their joint lives, and the life of the survivor, with remainder to the children of H.
Page 606 - 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, and...
Page 428 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...