The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress, and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law and of the Course of Procedure in the Courts of Common Law in Regard to Civil Rights; with an Attempt to Trace Them to Their Sources; and in which the Various Alterations Made by the Legislature Down to the Present Day are Noticed, Volume 1

Front Cover
Lea and Blanchard, 1846 - Civil procedure

From inside the book

Contents

CHAPTER IX
389
40
400
BOOK THE SECOND
409
41
411
43
421
DOCTRINE THAT THE COURT ONLY OPERATED IN PERSONAMCONCLUSION OF THE SECOND
424
CHAPTER II
436
SECTION IIIOrigin of the Jurisdiction of the Court of Chancery over
442
Trusts of Chattels before the Statute of Uses
457
CHAPTER IV
465
Object of the Statute of UsesOld Modes of Conveyance to Uses con
475
Modern form of Conveyance by Lease and Release
481
et v infra Construction of Deeds
488
Nisi Prius Record its Naturecompared with Roman Formula 251
489
SECTION IIITrusts by Operation of LawImplied TrustsResulting
508
Questions of Construction so frequently came before the Court of Chan
517
Presumptions of Law arising from Words may be rebutted on plain
545
SECTION IIOf the application of Extrinsic Evidence to the Interpreta
553
476477
556
307308
558
As to the admission of Parol Evidence to rebut presumptions
565
CHAPTER IX
578
As to securing the Trust Fund 585
586
CHAPTER XII
594
Origin of the Jurisdiction of the Court of Chancery as
604
Guardianship
607
Jurisdiction of the Court of Chancery in respect of
611
CHAPTER XV
617
SECTION IIIMistake and Ignorance
621
309314
626
SECTION IICases of ExtremityAccidentEquitable Relief against
629
Other instances of the Control of Legal Rights on the Prin
637
CHAPTER XIX
648
CHAPTER XX
658
Injunctions to Restrain Proceedings at Law or Common
678
The Preservation of Testimony
684
STECIAL CORRECTIVE AND EQUITABLE JURISDICTION OF THE KING
693
CHAPTER II
694
Jurisdiction entertained to Redress Improper Practices and Unfair
696
CHAPTER VIII
45
Tenure of Land in the Roman Provinces the distinction between DOMINIUM
418

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Common terms and phrases

Popular passages

Page 525 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 169 - And by the seventeenth section of the same statute it is enacted, that " no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 169 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, 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...
Page 448 - ... death of the testator, unless a contrary intention shall appear by the will. XXXIII. And be it further enacted, that where any person being a child or other issue of the testator to whom any real or personal estate...
Page 235 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 269 - October, 1845, a contingent, an executory, and a future interest, and a possibility coupled with an interest, in any tenements or hereditaments of any tenure, whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent, into or upon any tenements or hereditaments in England, of any tenure, may be disposed of by deed...
Page 240 - ... years, but nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated; and...
Page 446 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 144 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 240 - ... no Act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to, or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.