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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Page 22
... possession , in case the said Michael and Martin Cahill dis- pute giving the possession , according to a notice served need not be au- " them in writing , on the first day of May next ; otherwise An agent to contract for the sale , & c ...
... possession , in case the said Michael and Martin Cahill dis- pute giving the possession , according to a notice served need not be au- " them in writing , on the first day of May next ; otherwise An agent to contract for the sale , & c ...
Page 25
... possession , a defence which is at least insinuated in his answer . If the defendant should attempt to protect himself under the statute of frauds upon any supposed omission in the agreement , it is to be observed in this case , first ...
... possession , a defence which is at least insinuated in his answer . If the defendant should attempt to protect himself under the statute of frauds upon any supposed omission in the agreement , it is to be observed in this case , first ...
Page 34
... possession within a certain time ; his Lordship was diffident of his opinion , and intimated that he did so to secure against an appeal , the property being but small ; and this shews that he did consider that as a doubtfnl case ...
... possession within a certain time ; his Lordship was diffident of his opinion , and intimated that he did so to secure against an appeal , the property being but small ; and this shews that he did consider that as a doubtfnl case ...
Page 37
... possession , that the plaintiff had laid out great sums of money on the farm . This he considered as proved by that paper , which he considered as a confession by Bower of that fact , and this he thought sufficient ground for directing ...
... possession , that the plaintiff had laid out great sums of money on the farm . This he considered as proved by that paper , which he considered as a confession by Bower of that fact , and this he thought sufficient ground for directing ...
Page 41
... possession , he is made a trespasser , and is liable to answer as a trespasser if there be no agreement . This is put strongly in the case of Foxcraft v . Lister ; ( b ) there the party was let into possession on a parol agreement , and ...
... possession , he is made a trespasser , and is liable to answer as a trespasser if there be no agreement . This is put strongly in the case of Foxcraft v . Lister ; ( b ) there the party was let into possession on a parol agreement , and ...
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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...