Equity jurisprudence. Trusts. Equity pleadingCree Publishing Company, 1908 - Law |
From inside the book
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Page 12
... principle that equity will only take jurisdiction where there is no relief possible at law , it follows that , in general , the fields of the jurisdic- tion of the equity courts and of the common law courts will be distinct from each ...
... principle that equity will only take jurisdiction where there is no relief possible at law , it follows that , in general , the fields of the jurisdic- tion of the equity courts and of the common law courts will be distinct from each ...
Page 13
Albert Hutchinson Putney. principle or remedy involved in the suit , such court may also , in the same case , grant other relief which could have been obtained at common law . Illustrations of these different classes of cases will be ...
Albert Hutchinson Putney. principle or remedy involved in the suit , such court may also , in the same case , grant other relief which could have been obtained at common law . Illustrations of these different classes of cases will be ...
Page 15
... principles generally accepted , and of fundamental im- portance . Maxims are found both in law and in equity . Legal maxims were at one time very highly regarded , but recently have been largely disregarded . Equitable maxims are at the ...
... principles generally accepted , and of fundamental im- portance . Maxims are found both in law and in equity . Legal maxims were at one time very highly regarded , but recently have been largely disregarded . Equitable maxims are at the ...
Page 16
... principle upon which equity jurisprudence was originally founded . During what may be called the formulative period in the history of equity , this maxim was true , and equity judges would create new remedies to meet new con- ditions ...
... principle upon which equity jurisprudence was originally founded . During what may be called the formulative period in the history of equity , this maxim was true , and equity judges would create new remedies to meet new con- ditions ...
Page 22
... principle distinguish- ing the process and decrees of the court of chancery and originally limiting their sanctions . It was ori- ginally the pride of the chancellors and the terror of the law judges that chancery acted directly upon ...
... principle distinguish- ing the process and decrees of the court of chancery and originally limiting their sanctions . It was ori- ginally the pride of the chancellors and the terror of the law judges that chancery acted directly upon ...
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Common terms and phrases
action agreement amount answer appellee application bill of review cause cestui que trust chancery CHAPTER charitable Circuit Court circumstances claim common law complainant constructive notice constructive trusts contract conveyance County court of chancery court of equity creditor debt decree deed default defendant demurrer doctrine effect enforce entitled equitable maxim equitable relief equity courts equity jurisprudence Equity Pleading execution facts filed follows foreclosure forfeiture fraud granted ground held husband injunction instrument intention interest interlocutory interpleader judgment land lien Lord Mass matter ment mistake mortgage mortgagor N. J. Eq nature notice Orator original bill parties payment penalty person plaintiff plea Pomeroy on Equity possession prayed premises principle proceedings purchase purpose question remedy resulting trusts rule SECTION settlor specific performance statute statute of frauds subrogation suit surety 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.