Reports of Cases Decided in the High Court of Chancery ...: With Notes and References to Both English and American Decisions ...Gould, Banks & Company, 1850 - Equity |
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action affidavit agreement alleged allowed amount answer appeared application appointed assignment Attorney-General authority benefit bill bond bottomry cause charged circumstances claim contended contract costs court court of equity covenant creditors death debt decision declaration decree deed defendant demurrer Dingwall directed discharge dismissed Earl of Portarlington Edward Bellamy entitled equity evidence executed executors father filed fraud fund give ground hearing heir husband injunction inquiry interest issue John Duff jurisdiction land legacy liable LORD CHANCELLOR LORD CHANCELLOR.-The Lord Eldon Lord Thurlow Master ment mortgage motion objection opinion Oxford Junction paid Parker party payment personal estate petition petitioner plaintiff prayed present proceedings purchase purpose question Railway Company referred refused rent respect Rolt rule Sabine share ship solicitor statute suit Taylor tenant in tail testator's Thirsk tion Trieste trustees Vice-Chancellor of England wife Wigram writ
Popular passages
Page 774 - That the question does not depend upon whether the covenant runs with the land, is evident from this, that if there was a mere agreement and no covenant, this court would enforce it against a party purchasing with notice of it ; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
Page 774 - Of course, the price would be affected by the covenant, and nothing could be more inequitable than that the original purchaser should be able to sell the property the next day for a greater price, in consideration of the assignee being allowed to escape from the liability which he had himself undertaken.
Page 584 - Graves, for life ; remainder to his first and other sons in tail male ; remainder to the first and other sons of the testator's daughter, Anna Maria Hearle, in tail male ; remainder to his own right heirs.
Page 47 - Plaintiff's favour, and the motion coming on again, the Defendant raised a third legal objection, and the Court below, at his request, directed a case to be stated for the opinion of a Court of law upon it, but, on the ground of the delay in bringing it forward, granted an injunction in the mean time.
Page 771 - Leicester Square, as well as of several of the houses forming the Square, sold the piece of ground by the description of "Leicester Square Garden or Pleasure Ground, with the equestrian statue then standing in the centre thereof, and the iron railing and stone work round the same," to one Elms in fee: and the deed of conveyance contained a covenant by Elms, for himself, his heirs, and assigns, with the Plaintiff, his heirs, executors, and administrators, "that Elms, his heirs, and assigns should,...
Page 803 - Taylor to the plaintiff, or from the plaintiff to Taylor, on the footing of such declaration; and that, in taking such accounts, Taylor might be charged with all monies which' had been received by Robertson on account of the ship or the freight thereof, for which Taylor had had credit in account with him, and that the ship might be sold under the direction of the Court, and the proceeds divided between the plaintiff and Taylor in the proportion in which they should appear to be entitled thereto after...
Page 702 - ... a bill of review, or a supplemental bill in the nature of a bill of review, and cannot be filed except with leave of the court.
Page 351 - If the settlement is incorrectly or ambiguously expressed, if it contains conflicting and contradictory clauses, so as to leave, in a degree, uncertain the period at which, or the contingency upon which, the shares are to vest, the Court leans strongly towards the construction which gives a vested interest to the child, when that child stands in need of a provision ; usually as to sons at the age (a) 2 Peere Wmi. 612. (6) 3 Ves. $ B. 85. age of twenty-one, and as to daughters at that age or 1859....
Page 503 - Interest upon Trust That they the said Trustees and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor...
Page 815 - Can one of two partners possess himself of the property of the firm, and be permitted to retain it, if he can show that, in realizing it, some provision in some act of Parliament has been violated or neglected?