Reports of Cases Adjudged and Determined in the Court of Chancery of the State of Delaware: 1814-1833, Volume 1T. & J. W. Johnson & Company, 1876 - Equity |
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Page 132
... devised land to be sold by his executrix , Rhoda , for payment of his debts . She sold the land and ought to account for the proceeds of such sale , to be applied to the payment of this debt , if any thing shall be found due to ...
... devised land to be sold by his executrix , Rhoda , for payment of his debts . She sold the land and ought to account for the proceeds of such sale , to be applied to the payment of this debt , if any thing shall be found due to ...
Page 136
... devised by will from the heir at law ; or where no action has been brought , but the party intends to commence a suit . In these , and in similar cases , this bill will lie , because no suit being brought , the party has no opportunity ...
... devised by will from the heir at law ; or where no action has been brought , but the party intends to commence a suit . In these , and in similar cases , this bill will lie , because no suit being brought , the party has no opportunity ...
Page 140
... devised from the heir , the devisee in order to perpetuate the testimony of the witnesses , exhibits a bill in chancery against the heir , and sets forth the will verbatim , therein suggesting that the heir is inclined to dispute its ...
... devised from the heir , the devisee in order to perpetuate the testimony of the witnesses , exhibits a bill in chancery against the heir , and sets forth the will verbatim , therein suggesting that the heir is inclined to dispute its ...
Page 147
... devised in the words following to wit : " Item , I order the tavern house and land where my " son - in - law ... devise were sold by the said executors to Samuel Pennell for the sum of $ 2,515 , on the 25th of March , 1808. And the said ...
... devised in the words following to wit : " Item , I order the tavern house and land where my " son - in - law ... devise were sold by the said executors to Samuel Pennell for the sum of $ 2,515 , on the 25th of March , 1808. And the said ...
Page 187
... devises to the separate use of the wife without trustees , and marriage articles without trustees , except that the reason for protecting the rights of the wife under marriage articles is stronger than under a a devise , because under ...
... devises to the separate use of the wife without trustees , and marriage articles without trustees , except that the reason for protecting the rights of the wife under marriage articles is stronger than under a a devise , because under ...
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Common terms and phrases
Act of Assembly administrator affidavit agreement alleged answer appears assignment award bond Castle Castle county cause Chancellor citizens claim complainant complainant's contract conveyance Court of Chancery court of equity creditors death debts dec'd deceased decree deed defendant Delaware depositions devised Doughten dower entitled evidence execution executors facias feme covert fieri facias fraud Greenly guardian Harrison's Ch heirs at law held husband injunction interest interrogatories James John John Phillips judgment jurisdiction land legacy legatees liable lien Lord Hardwicke marriage ment mortgage ne exeat Nicholas Van Dyke notice objection Opinion Orphans paid parol parties payment personal estate petitioner plainant plaintiff plea possession premises proceedings proved purchase money question real estate rents and profits RIDGELY rule scire facias sheriff sold Statement Statute sufficient suit sureties Term testimony Thomas Thomas Newbold tion trust widow wife witnesses writ
Popular passages
Page 289 - It is a clear proposition, not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner...
Page 472 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Page 468 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States...
Page 468 - ... shall not extend so far as to prevent the removal of property imported into any state to any other state, of which the owner is an inhabitant; provided also, that no imposition, duties, or restriction, shall be laid by any state on the property of the United States or either of them.
Page 447 - No decree bindeth any that cometh in bona fide by conveyance from the defendant before the bill exhibited, and is made no party, neither by bill nor order; but where he comes in pendente lite, and while the suit is in full prosecution, and without any color of allowance or privity of the court, there regularly the decree bindeth...
Page 289 - ... must be executed according to the law of the testator's domicil at the time of his death.
Page 447 - Court binds only the parties to the suit ; but he who purchases during the pendency of the suit is bound by the decree that may be made against the person from whom he derives title. The litigating parties are exempted from the necessity of taking any notice of a title so acquired. As to them, it is as if no such title existed...
Page 163 - The conduct of the parties, inevitable accident, &c., might induce the Court to relieve. But it is a different thing to say the appointment of a day is to have no effect at all ; and that it is not in the power of the parties to contract, that, if the agreement is not executed at a particular time, they shall be at liberty to rescind it.
Page 269 - When debt is recovered or knowledged in the King's Court, or Damages awarded, it shall be from henceforth in the Election of him that sueth for such Debt or Damages, to have a Writ of Fieri facias unto the Sheriff for to levy the Debt of the Lands and Goods...
Page 164 - to prove that where nothing has been done by the parties this Court will hold, in a contract of buying and selling, a rule that the time is not an essential part of the contract.