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] ... |
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Page 244
ADAIR SHAW . and from and after his decease to the use of the first and other
sons of the said Charles Adair in tail male , with remainders over . The testator
also devised his estates in the county of Down in the same manner as those
above ...
ADAIR SHAW . and from and after his decease to the use of the first and other
sons of the said Charles Adair in tail male , with remainders over . The testator
also devised his estates in the county of Down in the same manner as those
above ...
Page 245
ADAIR SHAW . codicil , dated March 1771 , the testator recited the pur chase of
other lands in the counties of Antrim and Meath , and devised them in trust for
Charles Crymble , for life , remainder to his first and other sons . in tail male ...
ADAIR SHAW . codicil , dated March 1771 , the testator recited the pur chase of
other lands in the counties of Antrim and Meath , and devised them in trust for
Charles Crymble , for life , remainder to his first and other sons . in tail male ...
Page 246
ADAIR SHAW . filed by Charles Crymble the younger , praying that a proper
person should be appointed to take care of the property of the testator until a
legal representative should be appointed : but administration pendente lite
having been ...
ADAIR SHAW . filed by Charles Crymble the younger , praying that a proper
person should be appointed to take care of the property of the testator until a
legal representative should be appointed : but administration pendente lite
having been ...
Page 247
ADAIR Shaw . if they had been laid out in land he would have been , under the
construction of the codicils , entitled to the absolute dominion thereof . They
further stated , that G . Crumble had in the year 1790 , filed a bill for an account of
those ...
ADAIR Shaw . if they had been laid out in land he would have been , under the
construction of the codicils , entitled to the absolute dominion thereof . They
further stated , that G . Crumble had in the year 1790 , filed a bill for an account of
those ...
Page 248
ADAIR V . younger , was executed by Francis Shaw only : the bond taken by the
ordinary for due administration was in the name of , and executed by Anne Shaw
alone . SHAW . The Solicitor General , Mr . Saurin , and Mr . Foy for the plaintiffs .
ADAIR V . younger , was executed by Francis Shaw only : the bond taken by the
ordinary for due administration was in the name of , and executed by Anne Shaw
alone . SHAW . The Solicitor General , Mr . Saurin , and Mr . Foy for the plaintiffs .
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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...