A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volume 3W. Gould & Son, 1878 |
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Common terms and phrases
action of ejectment administrator adverse possession Allen Appeal arrest assignment Bailey Bank Barb Barn Blackf breach Brown Campbell cestui que trust claim Clark co-tenant common law Conn contract conveyance conveyed court of equity covenant creditor Davis debt deed defendant dower easement enforce entitled escape Evans execution executor false imprisonment fence ferry forfeiture fraud grant grantor Green Hall heirs held Jackson Johns Johnson Jones judgment jurisdiction land landlord lease legal title lessee lessor liable lien maintain ejectment mesne profits Miller Mitchell Monr Moore mortgage mortgagor Nichols notice to quit ouster owner Parker party payment Penn person Phillips plaintiff premises prisoner purchaser R. R. Co recover recovery relief remedy rent Robinson rule Russell Scott sheriff Smith statute Stevens sufficient suit Taylor tenant in common term testator Thompson Tiff trust Walker Wend Williams Wilson Wood writ
Popular passages
Page 487 - Where the means of knowledge are at hand, and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Page 432 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 709 - If some picturesque haven opens its arms to invite the commerce of the world, it is not for this Court to forbid the embrace, although the fruit of it should be the sights, and sounds, and smells of a common seaport and shipbuilding town, which would drive the Dryads and their masters from their ancient solitudes.
Page 264 - ... line of his duty, and exercising reasonable care and diligence, will not be responsible for the failure or depreciation of the fund in which any part of the estate may be invested, or for the insolvency or misconduct of any person who may have possessed it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be...
Page 434 - But a * 724 single word, or (I may add) a nod or a wink, or a shake of the head, or a smile from the purchaser intended to induce the vendor to believe the existence of a non-existing fact, which might influence the price of the subject to be sold, would be sufficient ground for a Court of Equity to refuse a decree for a specific performance of the agreement.
Page 737 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Page 254 - If it is a sort of injury by which the offender acquires no gain to himself at the expense of the sufferer, as beating or imprisoning a man, &c. there, the person injured has only a reparation for the delictum in damages to be assessed by a jury. But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor.
Page 385 - the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Page 746 - ... the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another ; and that it is only when this false representation is directly or indirectly made that the party who appeals to a court of equity can have relief.
Page 443 - ... the result of his own investigation and inquiry, and not upon the representations made to him by the other party : or if the means of investigation and verification be at hand, and the attention of the party receiving the representations be drawn to them, the circumstances of the case may be such, as to make it incumbent on a court of justice to impute to him a knowledge of the result, which, upon due inquiry, he ought to have obtained, and thus the notion of reliance' on the representations...