Outlines of Equity: A Concise View of the Principles of Modern Equity |
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Page 93
... elects against the instrument , he cannot have the gift . But in the latter case he does not necessarily forfeit the entire gift , but only so much as will compensate the person whom he has disappointed by electing to take his own ...
... elects against the instrument , he cannot have the gift . But in the latter case he does not necessarily forfeit the entire gift , but only so much as will compensate the person whom he has disappointed by electing to take his own ...
Page 94
... elect . ( Whistler v . Webster , 2 Ves . jun . 367. ) Parol evidence is not admitted to raise a case of election . ( Clementson v . Gandy , 1 Keen , 309. ) The doctrine of election is founded on a presumed intention that effect shall be ...
... elect . ( Whistler v . Webster , 2 Ves . jun . 367. ) Parol evidence is not admitted to raise a case of election . ( Clementson v . Gandy , 1 Keen , 309. ) The doctrine of election is founded on a presumed intention that effect shall be ...
Page 95
... elect for them , either at once ( Streatfield v . S. , supra ) or after an inquiry in chambers . ( Brown v . B. , 2 Eq . 481. ) Satisfaction . The doctrine of satisfaction arises where a donor , being under some obligation to the donee ...
... elect for them , either at once ( Streatfield v . S. , supra ) or after an inquiry in chambers . ( Brown v . B. , 2 Eq . 481. ) Satisfaction . The doctrine of satisfaction arises where a donor , being under some obligation to the donee ...
Page 100
... elect to take the property in its original unconverted state . But if not sole owner , he cannot elect so as to bind any interests save his own , or so as to prejudice other persons interested . ( Holloway v . Radcliffe , 23 Beav . 163 ...
... elect to take the property in its original unconverted state . But if not sole owner , he cannot elect so as to bind any interests save his own , or so as to prejudice other persons interested . ( Holloway v . Radcliffe , 23 Beav . 163 ...
Page 133
... elect between having his action dismissed and having judgment for performance with variation . ( Rambottom v . Gosden , 1 V. & B. p . 130. ) Formerly it was held that only the defendant could adduce parol evidence in variation of the ...
... elect between having his action dismissed and having judgment for performance with variation . ( Rambottom v . Gosden , 1 V. & B. p . 130. ) Formerly it was held that only the defendant could adduce parol evidence in variation of the ...
Other editions - View all
Outlines of Equity: A Concise View of the Principles of Modern Equity Sydney Edward B 1850 Williams No preview available - 2021 |
Outlines of Equity: A Concise View of the Principles of Modern Equity Sydney E. Williams No preview available - 2017 |
Outlines of Equity: A Concise View of the Principles of Modern Equity ... Sydney Edward Williams No preview available - 2015 |
Common terms and phrases
Annual Appendix applies appoint assets Barrister-at Barrister-at-Law Beav bindings Brett's L. C. Chancery Division charge charity CHARLES BURNEY common law Concise constructive trusts contract courts of equity covenant creditors debts deed Demy 8vo Digest elect entitled Esqrs execution executor favour foreclosure FRANCIS BEAUFORT fraudulent gift husband infant injunction intention interest Judicature Act jurisdiction Law and Practice law calf Law Journal Law relating legacy legatee Lewin liable lien LL.D London married maxim ment mistake mortgage mortgagor Notes notice parol evidence partner partnership party payment personal estate Precedents principle purchaser real estate redeem regard relief remedy restrain resulting trust Royal 12mo Royal 8vo rule Second Edition separate estate settlor Sir FREDERICK POLLOCK Smith Solicitor specific performance standard Law Statutes Stock supra SYDNEY E testator THOROLD GOSSET tion transaction Treatise Trustee Act unless vendor Vict Vide void vols Williams
Popular passages
Page 98 - 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 13 - Of Appeal, having especial reference to the Chancery Division, with Practical Notes. Fourth Edition. By RH LEACH, Esq., Senior Registrar of the Chancery Division ; FGA WILLIAMS, of the Inner Temple, Esq.
Page 6 - Greenwood's Manual of Conveyancing.— A Manual of the Practice of Conveyancing, showing the present Practice relating to the daily routine of Conveyancing in Solicitors
Page 13 - Journal. Smith's Manual of Equity Jurisprudence.— A Manual of Equity Jurisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, and on more than a thousand subsequent cases, comprising the Fundamental Principles and the points of Equity usually occurring in General Practice. By JOSIAH W. SMITH, BCL, QC Thirteenth Edition 12mo. 1880. 12».
Page 5 - All causes and matters for any of the following purposes : The administration of the estates of deceased persons ; The dissolution of partnerships or the taking of partnership or other accounts ; The redemption or foreclosure of mortgages ; The raising of portions, or other charges on land ; The sale and distribution of the proceeds of property subject to any licn or charge ; The execution of trusts, charitable or private ; The rectification, or...
Page 118 - Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.
Page 2 - Russell's Treatise on the Power and Duty of an Arbitrator, and the Law of Submissions and Awards; with an Appendix of Forms, and of the Statutes relating to Arbitration.
Page 29 - Investigation of Title." TORTS. — Addison on Torts. — A Treatise on the Law of Torts; or Wrongs and their Remedies. Seventh Edition. By HOBACB SMITH, Esq., Bencher of the Inner Temple, Metropolitan Magistrate, and AP PEEOEVAL KEEP, Esq., Barrister-at-Law.