Reports of Cases Argued and Determined in the High Court of Chancery: From the Year 1789 to 1817, Volume 13; Volume 25S. Sweet and Stevens and Sons, 1827 |
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Page 4
... bill ; and it stands upon no foundation of principle . Mr. Alexander , in Reply . The opinion of Lord Eldon is expressed in favour of this bill . It is supposed , the Plaintiffs must contend , that this equity would bind the wife ...
... bill ; and it stands upon no foundation of principle . Mr. Alexander , in Reply . The opinion of Lord Eldon is expressed in favour of this bill . It is supposed , the Plaintiffs must contend , that this equity would bind the wife ...
Page 9
... bill . It is not necessary to deter- mine , whether they could have got at it by any other mode ( 19 ) . Lloyd v . Williams , 1 Madd . ( 19 ) Murray v . Lord Eli- bank , post , Vol . XIV , 496 . 450 . 1806 . MURRAY บ . Lord ELIBANK ...
... bill . It is not necessary to deter- mine , whether they could have got at it by any other mode ( 19 ) . Lloyd v . Williams , 1 Madd . ( 19 ) Murray v . Lord Eli- bank , post , Vol . XIV , 496 . 450 . 1806 . MURRAY บ . Lord ELIBANK ...
Page 19
... bill and by their own cross bill ; and , as the issue was directed in both causes , his Lordship thought , upon the whole record no specific customary payment ( 46 ) 2 Gwil . 633. Gilb . 191 . 2 Bro . P. C. 437 . ( 47 ) Ante , Vol . IX ...
... bill and by their own cross bill ; and , as the issue was directed in both causes , his Lordship thought , upon the whole record no specific customary payment ( 46 ) 2 Gwil . 633. Gilb . 191 . 2 Bro . P. C. 437 . ( 47 ) Ante , Vol . IX ...
Page 26
... bill prayed a specific performance of the agree- ment , and a conveyance , & c . To this bill the Defendant Armitage , put in a plea of the Statute of Frauds ( 55 ) ; with averments , that no contract or agreement for the sale of the ...
... bill prayed a specific performance of the agree- ment , and a conveyance , & c . To this bill the Defendant Armitage , put in a plea of the Statute of Frauds ( 55 ) ; with averments , that no contract or agreement for the sale of the ...
Page 32
... bill and cross bill , both dismissed ( 68 ) . According to Twining v . Morrice ( 69 ) any thing , that chilled or damped the sale , is sufficient to repel a specific performance ; and that principle has been followed by Lord Eldon in ...
... bill and cross bill , both dismissed ( 68 ) . According to Twining v . Morrice ( 69 ) any thing , that chilled or damped the sale , is sufficient to repel a specific performance ; and that principle has been followed by Lord Eldon in ...
Common terms and phrases
Act of Parliament action admitted affidavit agreement annuity answer appears apply appointed assigns attorney authority Bank bankrupt bankruptcy Bill cancelled circumstances claim codicil consideration considered contract copyhold costs Court of Equity creditor customary payment death debt declared Decree deed Defendant demurrer devise directed EAST INDIA effect election entitled evidence executed executor farther fendant filed fraud give given granted Gwil House of Lords Injunction insisted instance instrument intention interest issue jurisdiction lease legacies legatee Lord CHANCELLOR Lord Eldon Lord Hardwicke Lord Thurlow LOWTHER Master ment mortgage Motion objection opinion Order paid party PEMBERTON personal estate Petition petitioners Plaintiff plea possession prayed premises principle purchase question real estate rent residue Rolls settlement shew Solicitor specific performance Stat Statute Statute of Frauds tenant testator's Thornton tion tithes trustees wife witness Wolstan Dixie words
Popular passages
Page 514 - 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 268 - 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 347 - 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 372 - ... then the share or shares of him, her, or them so dying should...
Page 347 - ... to the use of such surviving and only son, and the heirs of his body ; and, for default of such issue...
Page 316 - 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 340 - 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 230 - Oaklet/ was at the time of making his Will and at his death...
Page 169 - direct that they my said trustees, and the survivors " and survivor of them, and the executors and admi...
Page 241 - B. for life, remainder to trustees, &c., remainder to the use of such child or children of В., and in such shares, &c., as B. should appoint ; and in default of such appointment to the use of all and every the...