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 8
... tenant abuses a right of estovers by using it for a purpose or to an extent which his lease or tenure does not authorise , it is a proper case for an injunction to be granted by this court ; and no length of abuse will au- thorise the ...
... tenant abuses a right of estovers by using it for a purpose or to an extent which his lease or tenure does not authorise , it is a proper case for an injunction to be granted by this court ; and no length of abuse will au- thorise the ...
Page 19
... tenant in tail in remainder , and the contract was made with a perfect understanding how the parties were situ- ated . The late Lord B. was not in a state of mind to do any act himself , but the legal estate was vested in a Mr. Cator ...
... tenant in tail in remainder , and the contract was made with a perfect understanding how the parties were situ- ated . The late Lord B. was not in a state of mind to do any act himself , but the legal estate was vested in a Mr. Cator ...
Page 33
... tenant . Cooke's answer says , that it should be either the one or the other as the parties should agree , and the case is perfectly silent as to the fact of any agreement on the point , except as to the plaintiffs having prepared a ...
... tenant . Cooke's answer says , that it should be either the one or the other as the parties should agree , and the case is perfectly silent as to the fact of any agreement on the point , except as to the plaintiffs having prepared a ...
Page 36
... tenant . But in Brodie v . St. Paul , Mr. Justice BULLER says he was clear that the agreement was not sufficient to sustain an action at law , for that nobody could tell , except by parol testimony , what co- venants had been read , and ...
... tenant . But in Brodie v . St. Paul , Mr. Justice BULLER says he was clear that the agreement was not sufficient to sustain an action at law , for that nobody could tell , except by parol testimony , what co- venants had been read , and ...
Page 37
... tenant a lease because he was not willing to grant " leases , " his Lordship held this as an agreement to grant a lease . I confess my mind could never follow these two cases , and there was great doubt amongst the bar on both of them ...
... tenant a lease because he was not willing to grant " leases , " his Lordship held this as an agreement to grant a lease . I confess my mind could never follow these two cases , and there was great doubt amongst the bar on both of them ...
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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...