Select Cases Decided by Lord Brougham in the Court of Chancery: In the Years 1833 & 1834S. Sweet, 1835 - 521 pages |
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Page vi
... decisions ; and it was my intention to prefix the notes made by me on these heads by way of intro- duction ; but they were unfinished at the end of the period which I had set apart for the fulfilment of my editorial task , and I have ...
... decisions ; and it was my intention to prefix the notes made by me on these heads by way of intro- duction ; but they were unfinished at the end of the period which I had set apart for the fulfilment of my editorial task , and I have ...
Page 13
... decision appears to me dis- tinctly to support the view which I am now taking . He held that the Corporation of Bristol was not a trustee of the surplus rents for the other corporations , upon the ground that Bristol was itself an ...
... decision appears to me dis- tinctly to support the view which I am now taking . He held that the Corporation of Bristol was not a trustee of the surplus rents for the other corporations , upon the ground that Bristol was itself an ...
Page 16
... decision - it is only an obiter dictum , agreeing with the barely pos- sible bearing of the resolution in the case . The principal case itself ( the Thetford School case ) most clearly affords no countenance whatever to the doctrine ...
... decision - it is only an obiter dictum , agreeing with the barely pos- sible bearing of the resolution in the case . The principal case itself ( the Thetford School case ) most clearly affords no countenance whatever to the doctrine ...
Page 24
... decision of Lord King's , affirmed in the House of Lords . If it had decided the question , there would have been no alternative but submission . The report in Brown is im- perfect , and in one respect not correct ; for it conveys an ...
... decision of Lord King's , affirmed in the House of Lords . If it had decided the question , there would have been no alternative but submission . The report in Brown is im- perfect , and in one respect not correct ; for it conveys an ...
Page 25
... decision does not rule that disclosure must be made of a case laid before counsel , in re- ference to , or in contemplation of , or during the pendency of a suit or action , to serve the purposes of which action the production is sought ...
... decision does not rule that disclosure must be made of a case laid before counsel , in re- ference to , or in contemplation of , or during the pendency of a suit or action , to serve the purposes of which action the production is sought ...
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Common terms and phrases
admitted affidavit aforesaid Alderman alleged annuity answer appears application assigns attorney authority averment bankrupt bankruptcy bequeathed bequest bill Caroline charge circumstances clause codicil College Commission of Review Commissioners consent construction contempt Court covenant daughter death debt deceased decision decree deed defendant demurrer disposed doubt entitled equity evidence examination execution executors favour fund gift give given ground heir held inclosure act injunction intention interest issue judgment land lease leasehold legacies legatee Lord Chancellor Lord Eldon Lord Thurlow marriage married matter ment moiety ne exeat notice objection observed opinion ordino party personal estate petition plainly plaintiff plea possession present principle proceedings proprietors prove provisions purchaser question reference refused rents residue respect rule scholars Serjeant-at-arms share solicitor solvent partner sufficient suit surviving taken testator's thereof thing Thomas Cass tion transaction trust twenty-one vested Vice-Chancellor volo whole words
Popular passages
Page 317 - This tends to no mischief, and is a reasonable liberty to bestow; but great detriment would arise and much confusion of rights, if parties were allowed to invent new modes of holding and enjoying real property, and to impress upon their lands and tenements a peculiar character, which should follow them into all hands, however remote.
Page 262 - ... at the date of the will, and at the death of the testator. The husband makes the will, which, it must not be altogether forgotten, it is denied relates to the stock.
Page 153 - And then it is provided, in the third section, " that all such matters to be heard and determined in the said Court of Review shall be brought on by way of petition, motion, or special case...
Page 440 - Warrant; and for so doing this shall be your sufficient Warrant.
Page 327 - It is not sufficient that a covenant is concerning the land, but, in order to make it run with the land, there must be a privity of estate between the covenanting parties.
Page 465 - ... the natural and unavoidable consequence of kindness arising out of that relation. A client, for example, may naturally entertain a kindly feeling towards an attorney or solicitor by whose assistance he has long benefited; and he may fairly and wisely desire to benefit him by a gift, or, without such an intention being the predominating motive, he may wish to give him the advantage of a sale or a lease. No law that is tolerable among...
Page 317 - Every close, every messuage, might thus be held in a different fashion, and it would be hardly possible to know what rights the acquisition of any parcel conferred, or what obligations it imposed. The right of way or of common is of a public, as well as of a simple, nature, and no one who sees the premises can be ignorant of what all the vicinage knows.
Page 71 - A. be dead at the date of the will or at the death of the testator, the issue of that child cannot take anything.
Page 96 - Liverpool, aiifr, p. 88. 101 contemplation. But the party has no general privilege or protection ; he is bound to disclose all he knows, and believes, and thinks respecting his own case...
Page 80 - 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...