The Principles of Equity: Intended for the Use of Students and the ProfessionStevens & Haynes, 1872 - 583 sivua |
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Muita painoksia - Näytä kaikki
Yleiset termit ja lausekkeet
agreement apply arises assets assignment Beav benefit bill bona fide bond cestui que trust charge chose in action circumstances claim common law contract conveyance Court of Chancery court of equity court of law covenant coverture creditors debtor debts declared decree deed defendant devised doctrine election enforce entitled executed executor favour fee simple feme feme covert fraud fund gage gift give Hare heir held husband injunction instrument intention interest jurisdiction land legacy legatee liable lien Lord Lord Eldon marriage married woman ment mort mortgage mortgagor notice parol party payment personal estate personalty perty plaintiff possession presumption principle purchaser purpose real estate relief remedy resulting trusts rule satisfaction separate estate settled settlement settlor specific performance statute Statute of Frauds surety tenant testator's tion valuable consideration vendor Vict wife wife's
Suositut otteet
Sivu 46 - And be it further enacted, that all declarations or creations of trusts or confidences of any lands, tenements or hereditaments shall be manifested and proved by some writing, signed by the party who is, by law, enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Sivu 228 - Land or Hereditaments so charged shall, as between the different Persons claiming through or under the deceased Person , be primarily liable to the Payment of all Mortgage Debts with which the same shall be charged, every Part thereof, according to its Value, bearing a proportionate Part of the Mortgage Debts charged on the whole thereof...
Sivu 228 - By the 1st section of the former act it is enacted, that "when any person shall, after the 31st day of December, 1854, die seised of or entitled to any estate or interest in any land or other hereditaments which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage, and such person shall not by his will or deed or other document, have signified any contrary or other intention...
Sivu 488 - ... it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Sivu 266 - ... 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 shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Sivu 35 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive and does nothing.
Sivu 299 - ... or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all investments of such wages, earnings, money, or property, shall be deemed and taken to be property held and settled to her separate use, independent of any husband to whom she may be married, and her receipts alone shall be a good discharge for such wages, earnings, money, and property.
Sivu 364 - But where each party is equally innocent, and there is no concealment of facts which the other party has a right to know, and no surprise or imposition exists, the mistake or ignorance, whether mutual or unilateral, is treated as laying no foundation for equitable interference. It is strictly damnum absque injuria.* § 152.
Sivu 409 - And, in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to the principal, has put it out of the power of the surety to consider whether he will have recourse to his remedy against the principal, or not ; and because he, in fact, cannot have the same remedy against the principal as he would have had under the original contract...