Reports of cases argued and determined in the Supreme court of New Brunswick [1848-66], Volume 5 |
From inside the book
Results 1-5 of 83
Page 28
... to my credit in the accounts of my " son's estate ; and to be subject to my orders , and I hereby relinquish any claim whatsoever that I may have under 66 my 66 66 66 my late husband's will for my share 28 CASES IN HILARY TERM.
... to my credit in the accounts of my " son's estate ; and to be subject to my orders , and I hereby relinquish any claim whatsoever that I may have under 66 my 66 66 66 my late husband's will for my share 28 CASES IN HILARY TERM.
Page 31
... claim , in cases where no Statute of Limitations governs " the case . In such cases , Courts of Equity act sometimes by analogy to the law , and sometimes act upon their own inherent doctrine of discouraging , for the peace of society ...
... claim , in cases where no Statute of Limitations governs " the case . In such cases , Courts of Equity act sometimes by analogy to the law , and sometimes act upon their own inherent doctrine of discouraging , for the peace of society ...
Page 43
... claim for an account of monies received by the defendant Hazen as Mrs. Chip- man's agent . The evidence that Mrs. Chipman understood her rights , could not mean that she knew it from accounts . She should have been informed of them at ...
... claim for an account of monies received by the defendant Hazen as Mrs. Chip- man's agent . The evidence that Mrs. Chipman understood her rights , could not mean that she knew it from accounts . She should have been informed of them at ...
Page 59
... claim of title , may be treated as mere acts of trespass ; may , when done by a person under claim of title , be con- sidered acts of ownership . were 1861 . were duly acknowledged and registered . Up to IN THE TWENTY - FOURTH YEAR OF ...
... claim of title , may be treated as mere acts of trespass ; may , when done by a person under claim of title , be con- sidered acts of ownership . were 1861 . were duly acknowledged and registered . Up to IN THE TWENTY - FOURTH YEAR OF ...
Page 60
... continuous posses- sion , might be very different in the case of a mere tres- passer without title , or claim of title ; and that of a party who against HELMES . who entered on property under a registered 60 CASES IN HILARY TERM.
... continuous posses- sion , might be very different in the case of a mere tres- passer without title , or claim of title ; and that of a party who against HELMES . who entered on property under a registered 60 CASES IN HILARY TERM.
Common terms and phrases
A. R. Wetmore action admitted adverse possession affidavit agreement alleged Allen amount appear application assumpsit attorney bail Bank bill Blissville bond CARTER certiorari circuit claim Commissioners contended contract Corporation costs counsel count Court Court of Equity damages debt debtor declaration deed defendant defendant's delivered the judgment discharged entered entitled evidence execution executors fraud given granted ground Hazen Helmes Hilary term Hilary term last Hunter issued John John Esson Johnston jury Justice Ketchum land learned Judge lease levy liable lumber matter McIntosh ment Michaelmas term mortgage Nisi Prius nonsuit notice owner paid PARKER parties payment person plaintiff plea possession proceedings proved purchaser question received recover refused replevin RITCHIE rule nisi scire facias set-off Sheriff shewed cause Stat suit taken tion trespass trial verdict vessel Vict vult Ward Chipman wharf William Helmes Wilmot witness writ
Popular passages
Page 140 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 36 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.
Page 618 - If it were once understood, that upon mutual disgust married persons might be legally separated, many couples, who now pass through the world with mutual comfort, with attention to their common offspring and to the moral order of civil society, might have been at this moment living in a state of mutual unkindness, in a state of estrangement from their common offspring, and in a state of the most licentious and unreserved immorality. In this case, as in many others, the happiness of some individuals...
Page 140 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 342 - Counsel moved for a nonsuit, on the ground that the plaintiff had not pleaded in bar to, or denied the avowries of the defendants.
Page 612 - After the best consideration that I have been able to give to the subject, I...
Page 417 - Michaelmas term last, obtained a rule nisi for a new trial, on the ground of misdirection, and that the verdict was against evidence. He...
Page 50 - If there is any misrepresentation, or any concealment of a material fact, or any just suspicion of artifice or undue influence, courts of equity will interpose and pronounce the transaction void, and as far as possible restore the parties to their original rights.
Page 114 - But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself...
Page 79 - I think, therefore, that the rule should be discharged, but as the majority of the Court are of a different opinion, it must be made absolute. The judgment of Quain, J., and Archi" 1, J., was delivered by — ARCHIBALD, J.