Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 30Soney & Sage, 1879 - Law reports, digests, etc |
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Results 1-5 of 82
Page 18
... hand , denies that Chaplain sold the mortgage to him , but alleges that he bought it of Walker , with the understanding that it secured an actual indebtedness of $ 8,000 from Chaplain to the latter , and he claims that he is entitled to ...
... hand , denies that Chaplain sold the mortgage to him , but alleges that he bought it of Walker , with the understanding that it secured an actual indebtedness of $ 8,000 from Chaplain to the latter , and he claims that he is entitled to ...
Page 34
... hands of the complainant , of that bequest , stock of the value of more than $ 16,000 . The complainant asks whether the provision of the will as to the division of the residue by him and his sister , is valid , and whether the division ...
... hands of the complainant , of that bequest , stock of the value of more than $ 16,000 . The complainant asks whether the provision of the will as to the division of the residue by him and his sister , is valid , and whether the division ...
Page 35
... hands , the unexpended residue of the Orphan Asylum legacy , or whether it is his duty to convert that stock into cash and re - invest the amount in approved securities . The power given by the testator , to the complainant and his ...
... hands , the unexpended residue of the Orphan Asylum legacy , or whether it is his duty to convert that stock into cash and re - invest the amount in approved securities . The power given by the testator , to the complainant and his ...
Page 38
... a direction that it will have to pass through the hands of the executor in the form of money , will , by implication , give a power of sale . 2 Redf . Haggerty v . Lanterman . on Wills 124. See , 38 [ 30 Eq . CASES IN CHANCERY .
... a direction that it will have to pass through the hands of the executor in the form of money , will , by implication , give a power of sale . 2 Redf . Haggerty v . Lanterman . on Wills 124. See , 38 [ 30 Eq . CASES IN CHANCERY .
Page 41
... hands of Walker , and , as between him and them , that part so retained by him was liable , in equity , to be first sold to pay the mortgage . It is to be regarded as having been then equitably charged with the payment of the mortgage ...
... hands of Walker , and , as between him and them , that part so retained by him was liable , in equity , to be first sold to pay the mortgage . It is to be regarded as having been then equitably charged with the payment of the mortgage ...
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Common terms and phrases
agreement alleged amount answer appears applied assessment assignment Bank benefit bill bond Butler C. E. Gr canal cestui que trust chancellor charter claim common law complainant complainant's contract conveyance conveyed corporation Cortlandt Parker court court of chancery court of equity creditors death debt debtor declared decree deed defendant demurrer Dringer encumbrances entitled equity evidence execution executors fact filed final hearing foreclosure fraud fund gage given Hardenburgh held husband injunction insolvent interest Jersey City judgment judgment debtor land latter Lehigh Valley R. R. liable lien ment Morris Canal mort mortgaged premises mortgagor owner paid Paige parties Pasman payment person petitioner plainant possession proof purchase purchase-money question receiver relief residuary estate says society sold solicitor statute Stew suit taxes Taylor testator testator's testimony thereof tion trust usury vice-chancellor Watson wife
Popular passages
Page 332 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Page 161 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 634 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Page 637 - Where a trust is created to receive the rents and profits of lands, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education, and support of the person for whose benefit the trust is created...
Page 549 - Perhaps the cases may all be reconciled on the general principle, that the exercise of this power is to be regulated by sound discretion, as the circumstances of the individual case may dictate ; and that the resort to equity, to be sustained, must be expedient, either because the instrument is liable to abuse from its negotiable nature, or because the defense not...
Page 315 - That the common law of England, as well as so much of the statute law, as have been heretofore practised in this Colony, shall still remain in force, until they shall be altered by a future law of the Legislature; such parts only excepted, as are repugnant to the rights and privileges contained in this Charter...
Page 636 - That the Commissioners shall assign to the Assignees, for the Benefit of the Creditors of the Bankrupt, all the present and future Personal Estate of such Bankrupt wheresoever the same may be found or known...
Page 537 - This suit is brought under the act "to compel the determination of claims to real estate in certain cases, and to quiet the title to the same.
Page 477 - ... of the capital stock so fixed and limited by the company, shall make a certificate, stating the amount of the capital so fixed and paid in in cash ; which...
Page 581 - And Sir Thomas Plumer, MR, in SkrymsJier v. Northcote, 1 Swans. 566, 570, said : " It seems clear, on the authorities, that a part of the residue, of which the disposition fails, will not accrue in augmentation of the remaining parts as a residue of residue ; but, instead of resuming the nature of residue, devolves as indisposed of.