Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 29Soney & Sage, 1878 - Law reports, digests, etc |
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agreement alleged amount answer appears applied Ashhurst assignment Bank bill C. E. Gr Camden CHANCELLOR charge chattel claim complainant complainant's contract conveyance conveyed corporation court of chancery court of equity creditors daughters debt decree deed defendant Dringer entitled equity evidence executed executors fact filed final hearing foreclosure franklinite fraud fraudulent Freeholders fund gage given granted hearing on pleadings heirs held husband injunction insolvent intended interest James Horner Jersey Jersey City Jersey Southern Railroad judgment land legacy Lewis Eaton lien loan Ludlum mechanics lien ment mort mortgaged premises mortgagor Nestal Newark orphans court paid parties payment person plainant pleadings and proofs purchase-money purchaser purpose question railroad real estate received relief replevin rule says shares sold statute Stiger subsequent suit testator testimony thereof tion Trusdell trust usury Vreeland Wanner wife Wilson Zingsem
Popular passages
Page 370 - ... 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 while it passes along. 'Aqua currit et debet currere ut currere solebat
Page 312 - Words in a statute ought not to have a retrospective operation, unless they are so clear, strong, and imperative, that no other meaning can be annexed to them, or unless the intention of the legislature cannot be otherwise satisfied.
Page 332 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 369 - ... 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 370 - Though he may use the water while it runs over his land as an incident to the land, he cannot unreasonably detain It, or give it another direction, and he must return It to its ordinary channel when it leaves his estate.
Page 45 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Page 551 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 516 - 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 499 - But, farther, unless the inadequacy of price is such as shocks the conscience, and amounts in itself to conclusive and decisive evidence of fraud in the transaction, it is not itself a sufficient ground for refusing a specific performance...
Page 18 - ... to have and to hold the said premises with all and singular the appurtenances unto the said party of the second part his heirs and assigns to the only proper use benefit and behoof of the said party of the second part his heirs and assigns forever...