Reports of Cases Determined in the Court of Chancery of the State of New-Jersey, [1834-1845], Volume 3

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Page 25 - ... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Page 623 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
Page 500 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Page 176 - Confirming this and none other to be my last will and testament in testimony whereof I Have Hereunto set my Hand and affixed my seal this twenty ninth day of August in the year of our Lord one Thousand Eight Hundred and Eight...
Page 414 - Even where a complete legal title vests in them, and there is no notice of any equity affecting it, they take subject to whatever equity the bankrupt was liable to.
Page 117 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.
Page 606 - The question is not so much what was the degree of memory possessed by the testator ? as this : Had he a disposing memory ? was he capable of recollecting the property he was about to bequeath; the manner of distributing it; and the objects of his bounty? To sum up the whole in the most simple and...
Page 517 - The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity.
Page 640 - A rule to show cause why a verdict should not be set aside will be i treated as a .motion for tu new trial, the petition alleging errors in the trial.
Page 139 - In regard to public nuisances," Mr. Justice Story says, "the jurisdiction of courts of equity seems to be of a very ancient date, and has been distinctly traced back to the reign of Queen Elizabeth. The jurisdiction is applicable, not only to public nuisances, strictly so called, but also to purprestures upon public rights and property.

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