Reports of Cases Determined in the Court of Chancery of the State of New-Jersey, [1834-1845], Volume 3E. Sanderson, 1846 - Equity |
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Page 14
... rule he need not be a party to a bill filed by the executor for the foreclosure and sale of mortgaged premises . The assignment of a mortgage , not being by deed , though it may not pass the legal estate , is nevertheless sufficient to ...
... rule he need not be a party to a bill filed by the executor for the foreclosure and sale of mortgaged premises . The assignment of a mortgage , not being by deed , though it may not pass the legal estate , is nevertheless sufficient to ...
Page 16
... rule , he need not be a party to a bill filed by the executor for the foreclosure and sale of mortgaged premises . This is a proceeding on the part of the personal rep- resentative for the recovery of the debt , and the premises which ...
... rule , he need not be a party to a bill filed by the executor for the foreclosure and sale of mortgaged premises . This is a proceeding on the part of the personal rep- resentative for the recovery of the debt , and the premises which ...
Page 19
... rule , that when the answer is directly responsive to the bill , and the defendant answers from his own knowledge , the answer must prevail unless overcome by the testimony of two witnesses , or the testimony of one witness accompanied ...
... rule , that when the answer is directly responsive to the bill , and the defendant answers from his own knowledge , the answer must prevail unless overcome by the testimony of two witnesses , or the testimony of one witness accompanied ...
Page 32
... rule is the same . " The same rule has been adopt- ed in New - York and in other states ; and it is now held as the general and established doctrine , " that an exclusive enjoyment of water , or of light , or of any other easement in ...
... rule is the same . " The same rule has been adopt- ed in New - York and in other states ; and it is now held as the general and established doctrine , " that an exclusive enjoyment of water , or of light , or of any other easement in ...
Page 40
... rule is given briefly , but forci- bly , by lord Coke ; " propter simplicitatem laicorum , " and there was never a time when the rule was more needed than the present , or when the reason of it was more apparent . Taking this rule as a ...
... rule is given briefly , but forci- bly , by lord Coke ; " propter simplicitatem laicorum , " and there was never a time when the rule was more needed than the present , or when the reason of it was more apparent . Taking this rule as a ...
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Common terms and phrases
acres Adm'rs administration admitted affidavit aforesaid alleged amount answer appears application assignment Bank of New-Brunswick bill bond and mortgage Catharine Chan chancellor charge claim complainant complainant's considered consistory counsel court COURT OF CHANCERY court of equity creditors daughters death debt deceased decree deed defendants demurrer Depeyster devised dower Dutch Reformed Church eighteen hundred entitled equity evidence Ex'rs execution executors fact filed fraud given granted ground Hardenburgh heirs at law Houten hundred dollars injunction intention interest interpleader James Maher John judgment land legacy legatees letters testamentary matter Maxwell ment Morris Canal New-Jersey opinion orphans paid parties payment personal estate plainant possession Potts premises probate proceedings proved real estate received Reeves rule says six thousand dollars sold statute Stephen Baker Studdiford sufficient taken testimony Thomas Reeves tion trust Vandoren Vanmeter Vesey widow wife William Winkle witness
Popular passages
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.