Reports of Cases Heard and Determined by the Lord Chancellor, and the Court of Appeal in Chancery [1851-1857]Sir John Peter De Gex, Sir Steuart Macnaghten, Great Britain. Court of Chancery, Alexander Gordon (Reporter) Little, Brown, 1871 - Equity |
From inside the book
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Page 25
... decree was then made ( but was not drawn up till February , 1850 ) , ordering the bill to be retained for twelve months , with liberty for the surviving plaintiff to proceed at law , and , in default of the plaintiff's proceeding at law ...
... decree was then made ( but was not drawn up till February , 1850 ) , ordering the bill to be retained for twelve months , with liberty for the surviving plaintiff to proceed at law , and , in default of the plaintiff's proceeding at law ...
Page 27
... decree and from the order upon the petition . The appeal now came on to be heard . Mr. Lee , Mr. Glasse , and Mr. Fooks for the appellants , ten- dered in evidence the notice of the 13th March , 1834 , among other documents which had ...
... decree and from the order upon the petition . The appeal now came on to be heard . Mr. Lee , Mr. Glasse , and Mr. Fooks for the appellants , ten- dered in evidence the notice of the 13th March , 1834 , among other documents which had ...
Page 30
... decree ] . In the argument of the case before the Vice - Chancellor , it was contended that , even admitting the ... decreed against those arguments ; and we do not feel ourselves called on to consider that part of the case , because ...
... decree ] . In the argument of the case before the Vice - Chancellor , it was contended that , even admitting the ... decreed against those arguments ; and we do not feel ourselves called on to consider that part of the case , because ...
Page 52
... decree , and to state what parties are entitled to attend future * 66 proceedings . ( a ) Many cases may be supposed in which some of the parties to a cause may have an interest adverse to the efficient prosecution of the decree , and ...
... decree , and to state what parties are entitled to attend future * 66 proceedings . ( a ) Many cases may be supposed in which some of the parties to a cause may have an interest adverse to the efficient prosecution of the decree , and ...
Page 54
... decree was made for specific performance . On appeal , however , by the purchaser , the Lord Chancellor ( Lord COTTENHAM ) ordered the case to stand over gen- erally , with liberty for the vendor to take such proceedings for ...
... decree was made for specific performance . On appeal , however , by the purchaser , the Lord Chancellor ( Lord COTTENHAM ) ordered the case to stand over gen- erally , with liberty for the vendor to take such proceedings for ...
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Common terms and phrases
Act of Parliament adjudication affidavit aforesaid agreement alleged amount annuity appeal apply appointed assignment authority bankrupt bankruptcy Beav bill Captain Sprye certificate Church of Scotland circumstances clause commissioner committee contract contributories costs Court Court of Equity covenant creditors debts decision declared decree deed of settlement defendants directed directors Eastern Counties Railway entitled equity evidence executed executors filed funds granted heir held injunction interest investment jurisdiction JUSTICE KNIGHT BRUCE Kekewich land letter liability Lord Chancellor Lord COTTENHAM LORD CRANWORTH Lord ELDON LORD JUSTICE KNIGHT LORD JUSTICE LORD Lordship lunatic matter ment minister mortgage notice official manager opinion paid parties payment petition plaintiff Presbyterian present proceedings provisions purchase purpose question Railway Company referred refused respect shareholders shares Sir Thomas Reynell society solicitor specific performance statute Straffon suit tenant testator thereof tion traverse trustees Vice-Chancellor Vict
Popular passages
Page 79 - Remember therefore from whence thou art fallen, and repent, and do the first works ; or else I will come unto thee quickly, and will remove thy candlestick out of his place, except thou repent.
Page 602 - ... an agreement between a debtor and a creditor that the debt owing shall be paid out of a specific fund coming to the debtor, or an order given by a debtor to his creditor upon a person owing money or holding funds belonging to the giver of the order, directing such person to pay such funds to the creditor, will create a valid equitable charge upon such fund ; in other words, will operate as an equitable assignment of the debts or fund to which the order refers.
Page 141 - It was further held that when two persons for a consideration sufficient as between themselves, covenant to do some act which, if done, would incidentally result in the benefit of a mere stranger, that stranger has not a right to enforce the covenant, although one of the contracting parties might enforce it as against the other.
Page 653 - Held, first, that the goods were in the order and disposition of the bankrupt, at the time of his bankruptcy, with the consent of the true owner, within the 6 Geo.
Page 573 - Mill (the defendant), his heirs or assigns, or other the person or persons for the time being entitled as aforesaid...
Page 79 - I have somewhat against thee, because thou hast left thy first love: remember, therefore, from whence thou art fallen, and repent, and do thy first works...
Page 136 - ... granted, bargained, sold, assigned, transferred and set over, and by these presents...
Page 302 - ... if the court should be of opinion that the plaintiff was not entitled to recover.
Page 550 - ... for leave to file a supplemental bill in the nature of a bill of review.
Page 449 - CD for himself, his heirs, executors, and administrators, doth covenant, promise and...