Cases Argued and Adjudged in the High Court of Chancery: Originally Published by Order of the Court, from the Manuscripts of Thomas Vernon : with References to the Proceedings in the Court, and to Later Cases : Together with Tables of the Names of the Principal Cases, and of the Cases Cited in the Notes : Also, of the Principal Matters and of the Matters Contained in the Notes, Volume 2; Volume 15J. Butterworth and Son, 1828 - Equity |
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Cases Argued and Adjudged in the High Court of Chancery: Originally ... Great Britain Court of Chancery No preview available - 2015 |
Cases Argued and Adjudged in the High Court of Chancery: Originally ... Great Britain Court of Chancery No preview available - 2015 |
Common terms and phrases
act of parliament administrator afterwards agreement allocatur annuity answer ante 1 vol appears appointment assets assigned bond charged child cited conveyance copyhold costs court court of equity covenant creditors CURIA CANCELLARIÆ daugh daughter death debts and legacies declared decree deed defendant defendant's devised died dismissed Earl equity executor executrix father fendant fraud heir at law hotch-pot hundred pounds husband ibid infant insisted intended interest intestate intitled issue male John jointure judgment Lady lands lease legatee liable life-time Lord Chancellor Lord Keeper manor marriage married Master ment moiety mortgage paid party payment personal estate plaintiff portion premises purchase raised real estate relieved remainder rents and profits resulting trust seised settled settlement statute statute of frauds surplus surrender term testator's thereof Thomas tion trust twenty-one versus widow wife William
Popular passages
Page 622 - Jointer, or from any part thereof, without any Fraud or Covin, by lawful Entry, Action, or by Discontinuance of her Husband, then every such Woman shall be endowed of as much of the Residue of her Husband's Tenements or Hereditaments, whereof she was before dowable, as the same Lands and Tenements so evicted and expulsed shall amount or extend unto.
Page 147 - The timber, while standing, is part of the inheritance ; but whenever it is severed, either by- the act of God, as by tempest, or by a trespasser and by wrong, it belongs to him who has the first estate of inheritance, whether in fee or in tail, who may bring trover for it ; and this was so decreed upon occasion of the great windfall of timber on the Cavendish estate. 2dly. As to the tenant for life, he ought not to have any share of the money arising by the sale of this timber...
Page 699 - Raby Castle on himself for life, without impeachment of waste, remainder to his son for life, and to his first and other sons in tail male. The defendant, the Lord Barnard, having taken some displeasure against his son, got two hundred workmen together, and of a sudden, in a few days, stript the castle of the lead, iron, glass-doors, and boards, & c. to the value of 3000£.
Page 725 - Money, by marriage articles, agreed to be laid out in land, and settled on the husband and wife, and their issue, remainder to the right heirs of the husband ; though the money at first is bound by the articles, yet when the husband and wife are dead without issue, the money is in the disposal of the husband, and will be assets, and go to his executor and administrator, and à fortiori to his residuary legatee.
Page 669 - Bankrupts, or of either of such Purposes ; but such Creditor shall not receive any Dividend out. of the separate Estate of the Bankrupt or Bankrupts until all the separate Creditors shall have received the full Amount of their respective Debts, unless such Creditor shall be a Petitioning Creditor in a Commission against One Member of a Firm.
Page 285 - ... of Sir John, as the land would likewise have been in case a purchase had been made pursuant to the articles, and therefore would have been assets to a creditor, and must have gone to the executor or administrator of Sir John ; and this case is much stronger where there is a residuary legatee ;" and therefore dismissed the bill.
Page 194 - Cookes was afterwards permitted to come to Mascall's house, and in December 1684, married his daughter, Mascall being privy to it, helping to set them forward in the morning, and entertaining them, and seemed well pleased with the marriage, upon their return to his house at night.
Page 504 - ... and in the case of a voluntary devise, the Court must take it as they found it, and not lessen the estate or benefit of the legatee ; although upon the like words in marriage articles it might be otherwise, where it appeared the estate was intended to be preserved for the benefit of the issue ; and therefore decreed the money to be considered as lands, and the plaintiff to have the interest, or proceed thereof, for his life, as tenant by the courtesy.