 | Tennessee. Supreme Court, West Hughes Humphreys - 1847 - 664 pages
...the assignee a locus standi in a Court of Equity, says Lord Abinger in the case cited in that note, the party assigning that right must have some substantial possession, some capability of enjoyment, and not a mere naked right to overset a legal instrument. Where equity recognizes the assignment... | |
 | Iowa. Supreme Court, George Greene (Reporter) - 1857 - 646 pages
...assigning such right must have some substantial possession, and some capability of personal Brace v. Reid. enjoyment, and not a mere naked right to overset a legal instrument, to maintain a suit." 2 Story, Eq. Jur., § 1040, g. The judgment of partition, from which Reid's title... | |
 | William John Tapp - 1861 - 156 pages
...plaintiffs, in Equity, in respect of (c) Reynell v. Sprye, 1 De GM & G. 677. (d) 1 Y. & C. Exch. 481. the title so acquired. Now in the course of the argument,...equitable right to compel a reconveyance, when the mortgage money is paid, is true. But that is a right reserved to himself by the original security ;... | |
 | 1861 - 628 pages
...judieio in a Court of Equity, the party assigning such right must have some substantial possession, and some capability of personal enjoyment, and not a mere naked right to overset a legal instrument, or to maintain a suit." This subject was fully considered in the judgment of Lord Abinger, in Prosser... | |
 | Illinois. Supreme Court - 1874 - 648 pages
...judicio in a court of equity, the party assigning such right must have some substantial possession, and some capability of personal enjoyment, and not a mere naked right to overset a legal instrument, or to maintain a suit." Spence, in his treatise on Equitable Jurisdiction, vol. 2, 868, speaking upon... | |
 | 1866 - 1000 pages
...equitable interest is assigned, it appears to me that, in order to give the assignee a locus gtandi in a Court of equity, the party assigning that right...a mere naked right to overset a legal instrument." They also cited and distinguished Cocicellv. Taylor, 15 Beav. 103; sc 21 Law J. Rep. (N. s.) Chane.... | |
 | Nathan Howard (Jr.) - 1870 - 720 pages
...tort, <; and no torts are assignable, unless there be a property to assign, or a contract at least, some substantial possession, some capability of personal enjoyment and not a mere naked right to maintain a suit" (as in this case.) (2 Story's Equitg Jurisprudence, § 1050 g. Sec 2 Com. 296, per... | |
 | Joseph Story - 1870 - 914 pages
...Gardner v. Adams, 12 Wend. 297 ; Dunklin ». Wilkins, 5 Alabama, 199. See McKee v. Judd, 2 Kernan, 622. of personal enjoyment, and not a mere naked right to overset a local instrument, or to maintain a suit.1 1 Prosscr ». Edmonds, 1 Younge & Coll. 481, 496 to 499.... | |
 | Sir Thomas Wardlaw Taylor - 1875 - 632 pages
...judicio, in a court of equity, the party assigning such right must have some substantial possession, and some capability of personal enjoyment, and not a mere naked right to overset a local instrument, or to maintain a suit(/). (a) Wells ». Foster, 8 M. & W. 149. See Spooner v. Payne,... | |
 | Joseph Story - 1877 - 908 pages
...me, thai, in order to give the assignee a locus itaadi in a court of equity, the party aísipnin:; that right must have some substantial possession,...instrument. For instance, that a mortgagor who conveys hii estate in fee to a mortgagee, has in himself an equitable right to compel a reconveyance, when... | |
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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... 
