Reports of Cases Argued and Determined in the High Court of Chancery in Ireland: During the Time of Lord Redesdale |
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Page 8
The allowance of the abuse is only by the indulgence and permission of the
landlord , and shall never be turned against him by the tenant . The tenant ' s
possession , even when abusing his right or exercising it to an extent not
authorised by ...
The allowance of the abuse is only by the indulgence and permission of the
landlord , and shall never be turned against him by the tenant . The tenant ' s
possession , even when abusing his right or exercising it to an extent not
authorised by ...
Page 22
possession , in case the said Michael and Martin Cahill dissect . of the stat . of
frauds , “ pute giving the possession , according to a notice served need not be
au - « them in writing , on the first day of May next ; otherwise thorized by writing ...
possession , in case the said Michael and Martin Cahill dissect . of the stat . of
frauds , “ pute giving the possession , according to a notice served need not be
au - « them in writing , on the first day of May next ; otherwise thorized by writing ...
Page 31
The next question is , whether this agreement was made according to the
authority . The words of Cooke ' s answer are , “ that if he was satisfied , that he
could give peaceable “ possession , & c . ” he was authorized . It depended
entirely 1802 ...
The next question is , whether this agreement was made according to the
authority . The words of Cooke ' s answer are , “ that if he was satisfied , that he
could give peaceable “ possession , & c . ” he was authorized . It depended
entirely 1802 ...
Page 34
... do not take the persons paunis reports trouble of looking into the decrees ; in
that case Lord Thurlow , though he pronounced that decree , yet he gave the
defendant his costs provided he consented to deliver up possession within a
certain ...
... do not take the persons paunis reports trouble of looking into the decrees ; in
that case Lord Thurlow , though he pronounced that decree , yet he gave the
defendant his costs provided he consented to deliver up possession within a
certain ...
Page 40
... only to evidence of this , that if he found the leases not improper , and that the
Cahills would give up possession , he agreed to execute them . Payment of
money is not part performance to take an agreement touching lands out of the
statute .
... only to evidence of this , that if he found the leases not improper , and that the
Cahills would give up possession , he agreed to execute them . Payment of
money is not part performance to take an agreement touching lands out of the
statute .
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according admitted agreed agreement allowed amount answer appear applied assets assignment authority benefit bill Bond bound Bowles brought Brown Campbell cause charge circumstances claim consideration considered contract costs court of equity covenant creditors Daly death debts decree deed defendant demand directed effect entered entitled evidence executed executor fact filed fraud give given ground hands heir held husband insisted intended interest issue John judgment Kennedy lands Latouche lease legacies limitations lives Lord Lord CHANCELLOR marriage master means ment mentioned mortgage nature notice obtained opinion paid parties payment person plaintiff possession present principle proceedings profits proved provision purchaser question received registered remainder renewal rent respect rule settled settlement Shaw statute sufficient suit taken tenant term thing Thomas tion trustee wife writ
Popular passages
Page 34 - 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 198 - 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 33 - 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 197 - 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 29 - ... 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 22 - 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 254 - 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 419 - 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 99 - 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 168 - 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...
Bibliographic information
| Title | Reports of Cases Argued and Determined in the High Court of Chancery in Ireland: During the Time of Lord Redesdale Volume 1 of Reports of Cases Argued and Determined in the High Court of Chancery in Ireland, During the Time of Lord Redesdale, Ireland. High Court of Chancery Volume 1 of 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], Ireland. High Court of Chancery |
| Authors | Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy |
| Publisher | I. Riley, 1808 |
| Original from | Oxford University |
| Digitized | 20 Sep 2006 |
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