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
agreement assignment Beav benefit bill bond Chancellor Chancery charge chattels choses in action claim considered contingent contract conversion court of equity coverture creditors death decree deed defendant delivery deposit devised directed doctrine donatio mortis causâ donor entitled equitable mortgage execution executors feme covert feme sole fund gift given heir heir-at-law held by Sir husband injunction intention interest John Romilly L. R. Eq land lease legacies legatees liable Lord Cottenham Lord Eldon Lord Hardwicke Lord Thurlow Madd married woman ment mortgage mortgagor opinion P. F. Smith paid parol party personal estate personalty plaintiff possession principle purchaser question real estate remainder remedy residuary rule separate estate separate property settled settlement Sir John sold specific performance Statute of Frauds stay waste tenant testator's timber tion trust usury Vern Vict waste wife wife's
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 1120 - ... nothing is 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 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 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...
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 687 - With respect to separate property the feme covert is, by the form of trust, released and freed from the fetters and disability of coverture, and invested with the rights and powers of a person who is sui juris. To every estate and interest held by a person who is sui juris...
Page 806 - There is always fraud presumed or inferred from the circumstances or conditions of the parties contracting: weakness on one side, usury on the other, or extortion or advantage taken of that weakness.
Page 804 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Page 767 - When this Court first established the separate estate, it violated the laws of property as between husband and wife, but it was thought beneficial, and it prevailed. It being once settled that a wife might enjoy separate estate as a. feme sole, the laws of property attached to this new estate, and it was found as part of such law that the power of alienation belonged to the wife, and was destructive of the security intended for it. Equity again interfered, and by another violation of the laws of...
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.