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according action actual agreement allowed amount answer appear applied arising benefit bill brought cause chancery CHAPTER character charge charitable circumstances claim common law complainant condition considered contract County court of equity created creditor debt decree deed defendant demurrer determined direct doctrine duty effect enforce entitled evidence execution exercise existence facts filed follows fraud funds further give given granted ground hearing held injunction intention interest issued judgment jurisdiction land lien Lord Mass matter maxim mistake mortgage nature necessary notice obtained Orator original Page paid parties payment person plaintiff plea Pleading possession premises present principle proceedings proper purchase question reason reference relation relief remedy respect result rule SECTION specific performance statute suit taken term thereof thing tion true trust wife
Page 209 - Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience...
Page 310 - I, , a notary public in and for said county, in the state aforesaid, do hereby certify that Walter Merritt, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth.
Page 196 - all that can be required of a trustee to invest is, that he shall conduct himself faithfully and exercise a sound discretion. He is to observe how men of prudence, discretion, and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of the capital to be invested.
Page 158 - ... or reverter, shall from henceforth stand and be seized, deemed and adjudged in lawful seisin, estate and possession of and in the same honours, castles, manors, lands, tenements, rents, services, reversions, remainders and hereditaments, with their appurtenances, to all intents, constructions and purposes in the law, of and in such like estates as they had or shall have in use, trust or confidence of or in the same...
Page 93 - 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 133 - The discretion which may be exercised in this class of cases is not an arbitrary or capricious one, depending upon the mere pleasure of the court, but one which is controlled by the established doctrines and settled principles of equity. No positive rule can be laid down by which the action of the court can be determined in all cases. In general it may be said that the specific relief will be granted when it is apparent, from a view of all the circumstances of the particular case, that it will subserve...
Page 106 - The doctrine of election, strictly so called, is derived from the civil law, and is the obligation imposed upon a party to choose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one, that he should not enjoy both.
Page 303 - ... .May it please your honor, the premises considered, to grant unto your orator, the state's writ or writs of subpoena, issuing out of and under the seal of this honorable court, to be directed to the said Thomas F.