Reports of Cases in Chancery, Argued and Determined in the Rolls Court During the Time of Lord Langdale, Master of the Rolls. [1838-1866], Volume 33Saunders and Benning, 1865 - Equity |
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Page 21
... were justified in bringing this suit to a hearing , and that Mr. Baker was properly made a party . There must therefore be a decree for the 1863 . COWEN v . PHILLIPS . 1863 . COWEN v . PHILLIPS . the Plaintiffs with CASES IN CHANCERY . 21.
... were justified in bringing this suit to a hearing , and that Mr. Baker was properly made a party . There must therefore be a decree for the 1863 . COWEN v . PHILLIPS . 1863 . COWEN v . PHILLIPS . the Plaintiffs with CASES IN CHANCERY . 21.
Page 42
... suit to be pleaded , in order that neither may be taken by surprise . The result is , that having gone through the interroga- tories and the exceptions fully , and the passages which were referred to , I think that the Defendant has ...
... suit to be pleaded , in order that neither may be taken by surprise . The result is , that having gone through the interroga- tories and the exceptions fully , and the passages which were referred to , I think that the Defendant has ...
Page 51
... suit . My impression is , that where a right of way is granted , it is for the dominant tenant to do all that is necessary for making the right of way available . If I grant a man a right to lay pipes over my land , it follows that ( a ) ...
... suit . My impression is , that where a right of way is granted , it is for the dominant tenant to do all that is necessary for making the right of way available . If I grant a man a right to lay pipes over my land , it follows that ( a ) ...
Page 54
... and sentenced to penal servitude . This was a foreclosure suit instituted by Adsetts against Hives and the investment company and their trus- tees . tees . The company claimed as purchasers for valuable consideration 54 CASES IN CHANCERY .
... and sentenced to penal servitude . This was a foreclosure suit instituted by Adsetts against Hives and the investment company and their trus- tees . tees . The company claimed as purchasers for valuable consideration 54 CASES IN CHANCERY .
Page 60
... suit . Mr. Hives has , by giving Mr. Shaw a legal mortgage , given him the opportunity of raising money upon it , and he cannot prevent this being a first charge upon the property , but this does not discharge the prior equi- table ...
... suit . Mr. Hives has , by giving Mr. Shaw a legal mortgage , given him the opportunity of raising money upon it , and he cannot prevent this being a first charge upon the property , but this does not discharge the prior equi- table ...
Contents
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Common terms and phrases
Aberavon agreement amount annuity apply appointment argued Baggallay Beav bequeathed bequest bill borough brothers Caroline Palmer charge Charles Rann Kennedy charter cited clause codicil contract COOD corporation costs Court covenant creditors daughters death debts decease decree deed Defendant devise died effect entitled equity executed executors fee simple fendant fund gift give grant heir-at-law heirs held Henry inspectors interest issue John John Spratt July Kennedy lease legacy legal personal representative legatees liable Lord marriage MASTER ment mortgage mortgagor nephew niece obtained opinion paid parties payment personal estate Plaintiff possession purchase question Railway Company real and personal Reginald Bray rents residuary residue respect ROLLS Selwyn shares shew Sir John Ingilby solicitor statute suit surviving tenants testator's testatrix Thomas Thomas Cartwright Thomas Edge tion trust twenty-one valid vested Vict whole widow wife William William Orton words
Popular passages
Page 539 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 266 - directed " that the property " should and might be leased " by his two trustees, " and the survivor of them, and the executors or administrators of such survivor, at rack rent," for any term not exceeding twenty-one years.
Page 333 - ... person by their or either of their order, or for their or either of their use...
Page 192 - Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister or a descendant of a brother or sister of the decedent, a wife or widow of a son, or the husband of a daughter of the decedent.
Page 552 - ... shall be assets to be administered in courts of equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty...
Page 62 - ... and, if more than one, in equal shares as tenants in common.
Page 430 - In every case in which an attorney or solicitor shall be employed to prosecute or defend any suit, matter or proceeding in any court of justice, it shall be lawful for the court or judge, before whom any such suit, matter or proceeding has been heard or shall be depending, to declare such attorney or solicitor entitled to a charge upon the property recovered or preserved...
Page 280 - Creditor shall be entitled to proceed in Equity to obtain the Benefit of such Charge until after the Expiration of One Year from the Time of entering up such Judgment...
Page 600 - Shareholders cannot lie by, sanctioning, or by their silence at least acquiescing in an arrangement which is ultra vires of the company to which they belong, watching the result ; if it be favorable and profitable to themselves to abide by it and insist on its validity ; but if it prove unfavorable and disastrous then to institute proceedings to set it aside.
Page 57 - Upon the facts of this case, I am of opinion that the Plaintiff is entitled to a decree.