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 |
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Page 22
... Statute of Limitations , 3 & 4 Will . 4 , c . 27 , was set up as a defence by answer : Held- 1st . That the trustees were persons by whom the purchase - money was payable within the meaning of the Statute of Limitations , 3 & 4 Will . 4 ...
... Statute of Limitations , 3 & 4 Will . 4 , c . 27 , was set up as a defence by answer : Held- 1st . That the trustees were persons by whom the purchase - money was payable within the meaning of the Statute of Limitations , 3 & 4 Will . 4 ...
Page 25
... statute for the limitation of actions and suits . * The cestuis que trustent under the will put in their answers , also claiming the benefit of the Statute of Limitations , but not con- taining any statement or admission as to Mr ...
... statute for the limitation of actions and suits . * The cestuis que trustent under the will put in their answers , also claiming the benefit of the Statute of Limitations , but not con- taining any statement or admission as to Mr ...
Page 27
... Statute of Limitations , and that this could not be done without putting the fact of a new promise in issue . * * 35 THE LORD JUSTICE KNIGHT BRUCE . The question is , whether the plaintiff is entitled to read this document in evidence ...
... Statute of Limitations , and that this could not be done without putting the fact of a new promise in issue . * * 35 THE LORD JUSTICE KNIGHT BRUCE . The question is , whether the plaintiff is entitled to read this document in evidence ...
Page 28
... Statute of Limitations . They further contended that the defendants , who stated * 36 upon their answer that the plaintiff had not deduced a * good title before the period from which the statute would operate , could not rely on the statute ...
... Statute of Limitations . They further contended that the defendants , who stated * 36 upon their answer that the plaintiff had not deduced a * good title before the period from which the statute would operate , could not rely on the statute ...
Page 29
... statute . THE LORD JUSTICE LORD CRANWORTH.- Suppose the trustees had paid interest , would not that have excluded the operation of the statute ? - Mr. Willcock , Mr. Goodeve , Mr. Osborne , and Mr. Smythe , for other defendants . The ...
... statute . THE LORD JUSTICE LORD CRANWORTH.- Suppose the trustees had paid interest , would not that have excluded the operation of the statute ? - Mr. Willcock , Mr. Goodeve , Mr. Osborne , and Mr. Smythe , for other defendants . The ...
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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...