Reports of Cases Argued and Determined in the High Court of Chancery in Ireland: During the Time of Lord Redesdale ... From the Beginning of Easter Term, 1802, to [the Period of Lord Redesdale's Resignation of the Great Seal, 1807] ...I. Riley, 1808 - Equity |
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Results 1-5 of 56
Page 18
... admitted that fraud would deprive a party of his right to relief here , and there are abundant circum- stances of fraud in this case : the concealment from the de- fendant's father the scheme of taking a fine , the advantage taken of ...
... admitted that fraud would deprive a party of his right to relief here , and there are abundant circum- stances of fraud in this case : the concealment from the de- fendant's father the scheme of taking a fine , the advantage taken of ...
Page 23
... admitted that he had caused the advertisement to be inserted and referred to it , and believed the lands were advertised to be set for 3 lives or 31 years , that being the limits of his power of demising under his marriage settlement ...
... admitted that he had caused the advertisement to be inserted and referred to it , and believed the lands were advertised to be set for 3 lives or 31 years , that being the limits of his power of demising under his marriage settlement ...
Page 29
... admitted ; that is , it is an authority agreement with the plaintiff for a term either or thirty - one years , but that was unquestiona- essed in any agreement to be made between the cannot be taken to be an authority otherwise ressed ...
... admitted ; that is , it is an authority agreement with the plaintiff for a term either or thirty - one years , but that was unquestiona- essed in any agreement to be made between the cannot be taken to be an authority otherwise ressed ...
Page 30
... admitted , and that if the defendant had been the plaintiff , and had brought his bill for the specific performance , he might have resorted to it . But the defendant has not relied on the statute of frauds in his answer ; and in cases ...
... admitted , and that if the defendant had been the plaintiff , and had brought his bill for the specific performance , he might have resorted to it . But the defendant has not relied on the statute of frauds in his answer ; and in cases ...
Page 31
... admitted ; that is , it is an authority to conclude an agreement with the plaintiff for a term either of three lives or thirty - one years , but that was unquestiona- bly to be expressed in any agreement to be made between the parties ...
... admitted ; that is , it is an authority to conclude an agreement with the plaintiff for a term either of three lives or thirty - one years , but that was unquestiona- bly to be expressed in any agreement to be made between the parties ...
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Common terms and phrases
ADAIR agreement answer appear assets assignment bankrupt benefit bill was filed Bond Brown BUSHELL Campbell cause Chamley charge Charles Crymble circumstances claim CLINAN considered contract conveyance court of equity court of Exchequer covenant coverture custodiam Daly death debts decree defendant discharge DUNSA DUNSANY effect entitled Exchequer executed executor Francis Shaw fraud fraudulent Giffard ground heir Hort husband incumbrances insisted interest issue Kennedy landlord lands Latouche lease legacies let the master Lord CHANCELLOR Lord Dunsany Lord HARDWICKE Lord THURLOW Lordship M'Geough marriage ment mortgage notice obtained paid parties payment personal estate plaintiff possession principle proceedings purchaser question registered deed registry remainder-man renewal rents and profits replevin Richard Bowles Samuel Hill settlement shew Sir Duke statute statute of frauds suit taken tenant thereof Thomas and Walter three lives tion trustee Walter Kennedy Warren wife writ
Popular passages
Page 36 - Now, it has always been considered that the payment of money is not to be deemed part performance to take a case out of the statute. Seagood v. Meale, Proc.Chan. 560, is the leading case on that subject; there a guinea was paid by way of earnest; and it was agreed clearly that that was of no consequence, in case of an agreement touching...
Page 200 - So, where a verdict has been obtained by fraud, or where a party has possessed himself improperly of something, by means of which he has an unconscientious advantage at law, which equity will either put out of the way, or restrain him from using. But without circumstances of that kind, I do not know that equity ever does interfere to grant a trial of a matter which has been already discussed in a court of law, a matter capable of being discussed there, and over which a court of law had full jurisdiction.
Page 35 - No person shall be charged with the execution of an agreement who has not, either by himself or his agent, signed a written agreement; but the statute does not say, that if a written agreement is signed, the same exception shall not hold to it that did before the statute. Now, before the statute, if a bill had been brought for specific performance, and it had appeared that the agreement had been prepared contrary to the intent of the defendant, he might have said, 'That is not the agreement meant...
Page 199 - The inattention of parties in a court of law can scarcely be made, a subject for the interference of a court of equity. There may be cases cognizable at law and also in equity, and of which cognizance cannot be effectually taken at law ; and therefore equity does sometimes interfere, as in cases of complicated accounts, where the party has not made a defense, because it was impossible for him to do it effectually at law.
Page 31 - ... is not only contrary to the statute of frauds and perjuries, but to the rule of common law before that statute was in being.
Page 24 - II, c 3) provides that no action shall be brought to charge any person "upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them...
Page 256 - If we advert to the cases on the subject, we shall find that trusts are enforced not only against those persons who are rightfully possessed of trust property as trustees, but also against all persons who come into possession of the property bound by the trust, with notice of the trust.
Page 421 - There are certain principles on which Courts of Equity act, which are very well settled. The cases which occur, are various ; but they are decided on fixed principles. Courts of Equity have, in this respect, no more discretionary power, than the Courts of Law.
Page 101 - It is true, the registry is considered as notice to a certain extent; no person thinks of purchasing an estate without searching the registry; and, if he searches, he has notice; but I think it cannot be notice to all intents, on account of the mischiefs that would arise from such a decision. For if it is to be taken as constructive notice, it must be taken as notice of every thing that is contained in the memorial; if a memorial contains a recital of another instrument, it is notice of that instrument...
Page 170 - There can be no doubt that the thing to be considered is, not the form of the process, but the cause of issuing it ; if the ground of the proceeding be a debt, it is a process of debt...