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 14
... notice to be served upon the defendants , with sufficient time to appear and answer . Accordingly , the defendants appeared and filed their au- swer . The answer denied that the defendants had , by their dam , penned the water back upon ...
... notice to be served upon the defendants , with sufficient time to appear and answer . Accordingly , the defendants appeared and filed their au- swer . The answer denied that the defendants had , by their dam , penned the water back upon ...
Page 28
... all important : for without such service , or proper notice of it , there can be no breach of it ; and without the affidavit the defendant Motion for second attachment . cannot be interrogated as to 28 STATE v . GILPIN AND GILPIN .
... all important : for without such service , or proper notice of it , there can be no breach of it ; and without the affidavit the defendant Motion for second attachment . cannot be interrogated as to 28 STATE v . GILPIN AND GILPIN .
Page 31
... notice of the injunction , they could be guilty of no contempt . And without affidavit of such service the defendants were not bound to answer , and were exposed to no liability . As the case stood , they could not suffer , and the ...
... notice of the injunction , they could be guilty of no contempt . And without affidavit of such service the defendants were not bound to answer , and were exposed to no liability . As the case stood , they could not suffer , and the ...
Page 39
... rule on four days ' notice . Signed this 17th day of April , A. D. 1797. ” ( Signed , ) LUKE SHIELDS , HENRY NEILL , FRETWELL WRIGHT . Statement of the case . Nothing was done under this RODNEY , Admr . v . SHANKLAND , Ex'r . 39.
... rule on four days ' notice . Signed this 17th day of April , A. D. 1797. ” ( Signed , ) LUKE SHIELDS , HENRY NEILL , FRETWELL WRIGHT . Statement of the case . Nothing was done under this RODNEY , Admr . v . SHANKLAND , Ex'r . 39.
Page 44
... Notice ( 4. c . 1 ) , notice of a trust makes a person privy ; as , a person with notice of a trust , judgment , mortgage or other incumbrance , shall be af- fected by it . Sec . 1 Eq . Ca. Ab . 332 : 2 Com . Dig . 627 , 717 . : Now ...
... Notice ( 4. c . 1 ) , notice of a trust makes a person privy ; as , a person with notice of a trust , judgment , mortgage or other incumbrance , shall be af- fected by it . Sec . 1 Eq . Ca. Ab . 332 : 2 Com . Dig . 627 , 717 . : Now ...
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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.