Equity jurisprudence. Trusts. Equity pleadingCree Publishing Company, 1908 - Law |
From inside the book
Results 1-5 of 33
Page 18
... further . Both common law and equity courts are alike bound by statutes of limitations , in that after the period provided by the statute has run neither class of courts can grant any relief . Before the expiration of such period ...
... further . Both common law and equity courts are alike bound by statutes of limitations , in that after the period provided by the statute has run neither class of courts can grant any relief . Before the expiration of such period ...
Page 25
... further proceeding in an action which he had commenced before the court of session in Scotland . From the note which his Lordship himself wrote upon the petition , requiring a further affidavit , and from his refusing the injunction to ...
... further proceeding in an action which he had commenced before the court of session in Scotland . From the note which his Lordship himself wrote upon the petition , requiring a further affidavit , and from his refusing the injunction to ...
Page 63
... further pro- Tollett vs. Tollett , 2 P. Wms . , 489 ; Mitchell vs. Denson , 29 Ala . , 327 ; 65 Am . Dec. , 403 . Chapman vs. Gibson . 3 Brown Ch . , 229 . ceedings to collect such judgment or set it aside and ACCIDENT . 63 47 Defective ...
... further pro- Tollett vs. Tollett , 2 P. Wms . , 489 ; Mitchell vs. Denson , 29 Ala . , 327 ; 65 Am . Dec. , 403 . Chapman vs. Gibson . 3 Brown Ch . , 229 . ceedings to collect such judgment or set it aside and ACCIDENT . 63 47 Defective ...
Page 84
... further than to remark that it must depend , in each case , upon the terms and condi- tions of the covenant or contract of indemnity ; for , while the right of subrogation is not founded on con- tract , it is well settled that it may be ...
... further than to remark that it must depend , in each case , upon the terms and condi- tions of the covenant or contract of indemnity ; for , while the right of subrogation is not founded on con- tract , it is well settled that it may be ...
Page 100
... further notice that the land purchased by him was embraced by the provision of the deed ; ' and the proof of such notice , whether direct or positive , or circumstantial and pre- sumptive , must be such as to affect the conscience of ...
... further notice that the land purchased by him was embraced by the provision of the deed ; ' and the proof of such notice , whether direct or positive , or circumstantial and pre- sumptive , must be such as to affect the conscience of ...
Contents
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Common terms and phrases
action aforesaid amount answer appear application bequest bill in equity Bill of Complaint bill of review bill of revivor cause cestui que trust chancery CHAPTER charitable Circuit Court claim common law complainant complainant's constructive trusts contract controversy County court of equity created creditors cy pres doctrine debt decree deed default defendant demurrer discovery doctrine effect enforce equitable maxim equity jurisprudence Equity Pleading execution facts filed follows fraud granted held husband injunction be issued intention interest interlocutory interpleader judgment jurisdiction land lien Mass matter mistake mortgage N. J. Eq nature ne exeat Orator original bill parties payment person plaintiff plea prayed premises principle proceedings purchase purpose question remedy resulting trusts revivor rule rule against perpetuities SECTION settlor speaking demurrer specific performance statute suit in equity supplemental bill taken testimony thereof tion trust funds wife writ
Popular passages
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 304 - ... that the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true.
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.
Page 297 - ... as to those matters he believes it to be true. Subscribed and sworn to before me this day of , anno Domini [LS] Clerk of the Court.