A Selection of Leading Cases in Equity: With Notes, Volume 1, Part 2T. & J. W. Johnson & Company, 1876 - Equity |
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Common terms and phrases
action agreed agreement appears applied arising assignment authority Beav benefit bill bond Chancery charge circumstances claim Company consideration considered contingent contract conversion Court court of equity creditors death debts decision decree deed defendant delivered delivery deposit devised directed effect entitled equity evidence execution executors express feme fraud fund gift give given grant ground hands heir held husband intention interest John laid land legacies liable Lord married woman ment mortgage nature necessary notice observed opinion paid particular party payment personal estate plaintiff possession prevent principle purchaser question real estate reason received remainder remedy respect rule seems sell separate separate estate settled settlement Smith sold specific specific performance statute subsequent sufficient taken tenant timber tion trust unless waste whole wife
Popular passages
Page 932 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 1123 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 1158 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 725 - Act, in any employment, occupation, or trade in which she is engaged, or which she carries on separately from her husband, and also any money or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all investments of such wages, earnings, money or property, shall bo deemed and taken to be property held and settled to her separate use, independent of any husband to whom she may be married, and her receipts alone shall be a good discharge for such wages,...
Page 722 - ... an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of, after such desertion, against her husband or his creditors, or any person claiming under him...
Page 909 - ... the heir or devisee to whom such land or hereditaments shall descend or be devised, shall not be entitled to have the mortgage debt discharged or satisfied out of the personal estate, or any other real estate of such person...
Page 686 - ... sealed and delivered, in the presence of, and attested by two or more credible witnesses...
Page 1100 - Courts of Equity decree the specific performance of contracts, not upon any distinction between realty and personalty, but because damages at law may not, in the particular case, afford a complete remedy.
Page 810 - THURLOW said, that to set aside a conveyance, there must be an inequality, so strong, gross and manifest, that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it (1).
Page 1197 - ... devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise beim; contrary to law, or otherwise incapable of taking effect, shall be included in the residuary devise (if any) contained in such will.