Select Cases in Equity and at Law: Argued and Determined in the Court of Common Pleas, First Judicial District of Pennsylvania, from 1841 to 1850, Volume 1T. & J.W. Johnson, 1853 |
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Common terms and phrases
action adeemed ademption admitted agency agent agreement alleged answer appear applied appointment arising asserted assignment association attorney auditor authority averred Bank of Kentucky bequest bill cause certificates charged charter cited claim Common Pleas compel complainant contended contract corporation Court of Chancery Court of Equity creditors debts deceased decided decree deed defendant demurrer devised doctrine encumbrance entitled execution executors existence fact filed fraud fund given good-will granted injunction interest issue John judgment jurisdiction jury land lease legacy legatees Levis liable Lord Lord Eldon lunatic ment mortgage objection opinion paid parties partner partnership payment Pennsylvania personal estate Philadelphia plaintiff possession power of attorney present principle purchaser question real estate received refused relief remedy residuary estate rule Schuylkill Bank settled specific performance spurious stock statute statute of frauds stockholders tenant testator's thereof tion transfer trust vendor Vesey Watts wife
Popular passages
Page 344 - ... when any husband shall have by cruel and barbarous treatment, endangered his wife's life or offered such indignities to her person as to render her condition intolerable, and life burdensome, and thereby force her to withdraw from his house and family...
Page 226 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 92 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.
Page 92 - That no contract for the sale of any goods, wares, and merchandise, 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, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 124 - But such legacy is so far specific that it will not be liable to abate with general legacies, upon a deficiency of assets...
Page 92 - ... unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith or some other person thereunto...
Page 222 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 92 - No action shall be brought, whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriages of another person...
Page 345 - The causes must be grave and weighty, and such as show an absolute impossibility that the duties of the married life can be discharged. In a state of personal danger no duties can be discharged; for the duty of self-preservation must take place before the duties of marriage, which are secondary both in commencement and in obligation ; but what falls short of this is with great caution to be admitted. The rule of ' per - quod consortium amittitur...
Page 91 - Lord one thousand six hundred seventy and seven, 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...