Reports of Cases Heard and Determined by the Lord Chancellor, and the Court of Appeal in Chancery. [1851-1857], Part 70, Volume 2W. G. Benning & Company, 1853 - Equity |
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Page 6
... KNIGHT BRUCE . - It may perhaps be true that the assignee of a bond cannot as a matter of course sue in equity the obligor and the obligee . ] Collusion or some other special circumstance must exist ; Barker v . Birch ( c ) , Hammond v ...
... KNIGHT BRUCE . - It may perhaps be true that the assignee of a bond cannot as a matter of course sue in equity the obligor and the obligee . ] Collusion or some other special circumstance must exist ; Barker v . Birch ( c ) , Hammond v ...
Page 7
Great Britain. Court of Chancery. The LORD JUSTICE KNIGHT BRUCE . This case presents several questions , of which if all are not difficult , some at least have appeared to me to be so . Even at the outset it may be matter of reason- able ...
Great Britain. Court of Chancery. The LORD JUSTICE KNIGHT BRUCE . This case presents several questions , of which if all are not difficult , some at least have appeared to me to be so . Even at the outset it may be matter of reason- able ...
Page 32
... KNIGHT BRUCE . - Did you take these points before the Master of the Rolls ? ] No. The case was there argued entirely on the merits . Suppose the wife had never disputed the will -had never asked for an issue - would it not have been of ...
... KNIGHT BRUCE . - Did you take these points before the Master of the Rolls ? ] No. The case was there argued entirely on the merits . Suppose the wife had never disputed the will -had never asked for an issue - would it not have been of ...
Page 33
Great Britain. Court of Chancery. [ The LORD JUSTICE KNIGHT BRUCE . - Can such a question be decided upon an application to take the petition off the file ? ] Independently of these objections the petition seeks to affect the rights ...
Great Britain. Court of Chancery. [ The LORD JUSTICE KNIGHT BRUCE . - Can such a question be decided upon an application to take the petition off the file ? ] Independently of these objections the petition seeks to affect the rights ...
Page 35
... KNIGHT BRUCE . - A question oc- curred to me , whether the direction for an issue could have been properly discharged without a petition of re- hearing . But Mr. Monro thinks , that although an order directing an issue is in some senses ...
... KNIGHT BRUCE . - A question oc- curred to me , whether the direction for an issue could have been properly discharged without a petition of re- hearing . But Mr. Monro thinks , that although an order directing an issue is in some senses ...
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Common terms and phrases
Act of Parliament aforesaid agreement amount annuity appeal apply appointed assigns Bank bankrupt bill Bolton Brenan certificate cheque circumstances claim clause codicil contract contributories Copford copyhold costs Court Court of equity creditors daughter death debts decease decision declared decree deed Defendants devised directed directors dividends effect entitled equity executors fund heirs held hereditaments Horlock husband intention interest issue James Pycroft John JUSTICE KNIGHT BRUCE JUSTICE LORD CRANWORTH land liable Lord Chancellor Lord Eldon LORD JUSTICE KNIGHT LORD JUSTICE LORD LORDS JUS Lordship marriage Master Maytham Hall ment Messrs mortgage opinion paid parties payment personal estate petition Petitioner Phillips Monypenny Plaintiff possession present purchase purpose Pycroft question Railway Company referred respect Rufford settlement shares ship solicitor statute Stour Valley suit testator's thereof TICES tion tithes transfer trust Vice-Chancellor wife William Wolverhampton words
Popular passages
Page 742 - ... by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 456 - That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say), the word "will...
Page 495 - ... mere at the time of the death of such grantor, devisor, or testator, or during the minority or respective minorities only of any person or persons who, under the uses or trusts of the deed, surrender, will, or other assurances, directing such accumulations, would, for the time being, if of full age, be entitled unto the rents, issues and profits, or the interest, dividends, or annual produce, so directed to be accumulated...
Page 466 - December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or bring such action, shall have first accrued...
Page 345 - Majesty's subjects, shall after registry thereof be sold to any other or others of her Majesty's subjects, the same shall be transferred by bill of sale or other instrument in 1852. writing, containing a recital of the certificate of registry of such ship or vessel, or the principal contents thereof, otherwise such transfer shall not be valid or effectual for * any purpose whatever, either in law or in equity.
Page 492 - II.—Provided always, and be it enacted, that nothing in this Act contained shall extend to any provision for payment of debts of any -grantor, settlor, or devisor, or other person or persons, or to any provision for raising portions for any child or children of any grantor, settlor, or devisor, or any child or children of any person taking any interest under any such conveyance, settlement, or devise...
Page 186 - to the use of the first son of the body of the said John H. Harrison on the body of the said Sarah T. Fiske to be begotten and the heirs male of the body of such first son lawfully issuing, and in default of such issue...
Page 366 - Act liable to, in respect of such freehold estates, at the suit of creditors by specialty in which the heirs were bound : Provided, always, that in the administration of assets by Courts of equity under and by virtue of this Act, all creditors by specialty in which the heirs are bound, shall be paid the full amount of the debts due to them before any of the creditors by simple contract or by specialty in which the heirs are not bound, shall be paid any part of their demands.
Page 609 - This case has been argued before us by counsel. We have considered it, and are of opinion that the limitation to Philippa Long is good in the events that have happened.
Page 242 - That all bankers, brokers, and persons using the trade or profession of a scrivener, receiving other men's monies or estates into their trust or custody...