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 4
... quantity called for in the deed . The cause came before the Chancellor at the August Term , 1814 , for hearing upon the bill , answer , exhibits and depositions . : Opinion rule stated . Read , Rodney and Van 4 DALE v . SMITH AND TERRAPIN .
... quantity called for in the deed . The cause came before the Chancellor at the August Term , 1814 , for hearing upon the bill , answer , exhibits and depositions . : Opinion rule stated . Read , Rodney and Van 4 DALE v . SMITH AND TERRAPIN .
Page 5
1814-1833 Delaware. Court of Chancery. : Opinion rule stated . Read , Rodney and Van Dyke , for complainant . Rogers and Broom , for defendant . RIDGELY , CHANCELLOR . - The articles of agreement , signed by the complainant on the 26th ...
1814-1833 Delaware. Court of Chancery. : Opinion rule stated . Read , Rodney and Van Dyke , for complainant . Rogers and Broom , for defendant . RIDGELY , CHANCELLOR . - The articles of agreement , signed by the complainant on the 26th ...
Page 6
... rule of the common law before that stat- ute was in being . " The reasoning of Lord Thurlow in the case of Lord Irnham vs. Child , 1 Bro . Ch . Rep . 92 , is peculiarly appli- cable . That was a grant of an annuity . On settling the ...
... rule of the common law before that stat- ute was in being . " The reasoning of Lord Thurlow in the case of Lord Irnham vs. Child , 1 Bro . Ch . Rep . 92 , is peculiarly appli- cable . That was a grant of an annuity . On settling the ...
Page 7
... rule . If fraud was imputed , it might be " done here ; but it is dangerous to depart from the " deeds . It might be the intention that the annuity " should be redeemable , but I can only get at it by de- molishing one of the foremost rules ...
... rule . If fraud was imputed , it might be " done here ; but it is dangerous to depart from the " deeds . It might be the intention that the annuity " should be redeemable , but I can only get at it by de- molishing one of the foremost rules ...
Page 9
... rule " of law to be broken in upon , and that requires that noth- ' ing should be added to the written agreement unless in " cases where there is a clear , subsequent and independent agree- " ment varying the former , but not where it ...
... rule " of law to be broken in upon , and that requires that noth- ' ing should be added to the written agreement unless in " cases where there is a clear , subsequent and independent agree- " ment varying the former , but not where it ...
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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.