The Doctrine and Practice of Equity: Or, A Concise Outline of Proceedings in the High Court of Chancery, Designed Principally for the Use of Students |
Common terms and phrases
affidavit agreement alleged allowed amend his bill appointed attachment attend bill of review bill of revivor bill pro confesso cestui que trust claim clerk in court commission commissioners common injunction common law compel considered contempt contract conveyance costs Court of Chancery court of equity decree defendant defendant's answer demurrer directed discovery entitled examine execution feme covert file a bill forma pauperis fraud granted guardian heir infant interest interpleader issue jurisdiction liberty lord chancellor Lord Eldon Madd marriage matter ment Meriv Mitf necessary notice of motion nuisance obtain an order order nisi original bill party person petition plaintiff plaintiff's bill plea plead possession prays proceedings prosecution purchase purpose relief restrain scandal or impertinence seal sequestration served signed and enrolled speaking demurrer specific performance statute stay waste suit supplemental bill tenant therein thereof thereto tion unless warrant witnesses writ
Popular passages
Page 46 - ... or any interest in or concerning them, 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...
Page 50 - By this statute it was provided that " when any person shall be seised of lands, &c., to the use, confidence, or trust of any other person or body politic, the person or corporation entitled to the use in fee simple, fee tail, for life, or years, otherwise, shall from thenceforth stand and be seised...
Page 38 - ... unless the inadequacy of the price be such as shocks the conscience, and -amounts in itself to conclusive evidence of fraud in the transaction.
Page 99 - That at the time so appointed for considering the matter of the said decree or order, the Master shall proceed to regulate as far as may be the manner of its execution ; as for example, to state what parties are entitled to attend future proceedings, to direct the necessary advertisements, and to point out which of the several proceedings may be properly going on...
Page 50 - ... to uses shall be deemed to be in him or them that have the use, in such quality, manner, form and condition, as they had before in the use.
Page 51 - As, if a feoffment was made to A and his heirs, to the use of (or in trust for) B and his heirs...
Page xiv - England, either as a Court of Law or as a Court of Equity, or incident to any ministerial Office of the said Court, or which have been or shall be submitted to the Jurisdiction of the said Court or of the Lord Chancellor by...
Page xiii - But in all of them he seems to have had the supervision of all charters, letters, and such other public instruments of the crown, as were authenticated in the most solemn manner : and, therefore, when seals...
Page 53 - ... held chargeable with the loss occasioned by such breach of trust, although they had paid all his debts of which they had any knowledge out of the assets, and had distributed the whole surplus among his residuary legatees many years before, and at a time when they had no notice of the breach of trust, or of any claim in respect of it.
Page 41 - Without the proper opportunities of attending the religious service of the church to which they belong, separated from their natural connections, estranged from the members of their own families, withdrawn from those courses of education which their contemporaries are pursuing, and accustomed to habits and manners which are not those of their own country, they must be becoming, from day to day, less and less adapted to the position which, it is to be wished, they should hereafter occupy in their...