Commentaries on Equity Jurisprudence: As Administered in England and America, Nide 1Little, Brown,, 1870 |
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Commentaries on Equity Jurisprudence, As Administered in England and America Joseph Story,Isaac F. 1804-1876 Redfield Esikatselu ei käytettävissä - 2015 |
Yleiset termit ja lausekkeet
9 Ves Abridg agreement applied attorney Beatt Beavan bill bond bound cestui que trust chancellor circumstances cited civil law Comm common law consideration constructive notice court of chancery courts of equity courts of law creditors debt debtor decree deed deemed defective defendant discovery doctrine Domat edit effect entitled execution executor fact favor fide Fonbl fraud fraudulent grant relief ground heir held Hist Ibid intention interfere Jeremy on Eq Johns judgment juris Jurisd jurisprudence justice land Law & Eq Lect legacy Lord Eldon Lord Hardwicke marriage matter ment mistake of law mortgage Mylne nature notice Pand party payment person plaintiff Pothier principle purchaser reason remedy Roman law rule settlement statute Sugden surety Swanst tenant tion transaction undue vendor Vern void voluntary conveyance
Suositut otteet
Sivu 374 - in 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; and the plaintiff
Sivu 740 - upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning the same, or upon any agreement,
Sivu 374 - 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; and the plaintiff might have parted with his interest in the property by
Sivu 740 - That no action shall be brought, whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning the same, or upon any agreement, that is not to be performed within the space of one year from the making thereof, unless the agreement, upon which such action
Sivu 374 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in 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; and
Sivu 160 - the obligation exists only in virtue of the covenant, its extent can be measured only by the words in which it is conceived. A partnership debt has been treated in equity as the several debt of each partner, although at law it is only the joint debt of all.
Sivu 739 - Where, indeed, a contract respecting real property is in its nature and circumstances unobjectionable, it is as much a matter of course for courts of equity to decree a specific performance of it, as it is for a court of law to give damages for the breach of it.
Sivu 241 - when he said, that they were such bargains that no man in his senses and not under delusion would make, on the one hand, and as no honest and fair man would accept, on the other, being inequitable and unconscientious
Sivu 111 - It has been laid down, as unquestionable doctrine, that if a party, acting in ignorance of a plain and settled principle of law, is induced to give up a portion of his indisputable property to another, under the name of a compromise, a court of equity will relieve him from the effect of his mistake. 1
Sivu 385 - Actual notice requires no definition; for in that case knowledge of the fact is brought directly home to the party. Constructive notice is in its nature no more than evidence of notice, the presumption of which is so violent, that the court will not even allow of its being controverted.