A Selection of Leading Cases in Equity: With Notes, Volume 1T. & J.W. Johnson & Company, 1859 - Equity |
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Page 68
... land , and that the diversity was where the will passed a legal estate and where it was only executory , and the party must come to the Court in order to have the benefit of the will ; that in the latter case the intention should take ...
... land , and that the diversity was where the will passed a legal estate and where it was only executory , and the party must come to the Court in order to have the benefit of the will ; that in the latter case the intention should take ...
Page 69
... land was devised to trustees in trust to pay an annuity ; and subject thereto in trust for A. for life , without ... lands which should thereafter remain , continue , and be , to , for , and upon such and the like estate or estates ...
... land was devised to trustees in trust to pay an annuity ; and subject thereto in trust for A. for life , without ... lands which should thereafter remain , continue , and be , to , for , and upon such and the like estate or estates ...
Page 96
... land which controlled the access to stores built upon his wife's land , and which could not be used separately for any valuable purpose , must be con- sidered as purchasing in trust for the wife's interest . " As husband , " said the ...
... land which controlled the access to stores built upon his wife's land , and which could not be used separately for any valuable purpose , must be con- sidered as purchasing in trust for the wife's interest . " As husband , " said the ...
Page 100
... land should be sold for the payment of debts generally , the pur- chaser is not bound to see that the money be rightly applied . On the other hand , if the trust directs that lands should be sold for the payment of certain debts ...
... land should be sold for the payment of debts generally , the pur- chaser is not bound to see that the money be rightly applied . On the other hand , if the trust directs that lands should be sold for the payment of certain debts ...
Page 103
... land were different from other legacies , inasmuch as it was intended that they should continue a charge upon the land . However , Lord Langdale , M. R. , held that A. could make a good title to the real estate without the concurrence ...
... land were different from other legacies , inasmuch as it was intended that they should continue a charge upon the land . However , Lord Langdale , M. R. , held that A. could make a good title to the real estate without the concurrence ...
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Common terms and phrases
Adm'r agreement annuity applied appointment assignment Beav benefit bill bond cestui que trust Chancellor Chancery charge circumstances claim consideration considered contingent contract conveyance court of equity covenant creditors death decree deed defendant devised doctrine dower election entitled execution executor father feme feme covert fraud fund give heirs held husband intention interest Johnson judgment land lease legacies liable lien Lord Chancellor Lord Cottenham Lord Eldon Lord Hardwicke Lord Thurlow Mackreth Madd marriage married woman ment mortgage opinion paid Paige parol parties partnership payment of debts personal estate personalty plaintiff possession principle provision purchase purchase-money question real estate remainder remainderman resulting trust rule sell separate estate settled settlement sold specific performance statute Statute of Frauds stay waste surety tail tenant testator's timber tion transaction usury vendor Vern waste wife
Popular passages
Page 291 - It shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in presence of the testator, but no form of attestation shall be necessary.
Page 650 - ... 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 636 - ... 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, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person...
Page 779 - SEWKLL] gave his opinion ; he observed 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 ; and this in whatever manner the direction is given...
Page 527 - ... 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 259 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser; whether in one name or several; whether jointly or successive, — results to the man who advances the purchase money.
Page 85 - This may seem hard, that the trustee is the only person of all mankind who might not have the lease ; but it is very proper that rule should be strictly pursued and not in the least relaxed...
Page 139 - ... of contract, but even by means of securities entered into without the knowledge of the surety, having a right to have those securities transferred to him, though there was no stipulation for that, and to avail himself of all those securities against the debtor.
Page 154 - It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect.
Page 636 - ... charged with the payment of any sum or sums of money by way of mortgage, and such person shall not by his will or deed or other document, have signified any contrary or other intention, the heir or devisee to whom such...