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 11
The rule with respect to legacies out of personal estate is taken from the practice
in the ecclesiastical courts , where a year is given to the executor to collect the
effects , and he cannot be called upon to pay before that time , because he
cannot ...
The rule with respect to legacies out of personal estate is taken from the practice
in the ecclesiastical courts , where a year is given to the executor to collect the
effects , and he cannot be called upon to pay before that time , because he
cannot ...
Page 12
... and the fund may not become dispo - court there was of opinion , that it was a
general settled and fixed rule , that pecuniary legacies bear interest from the
expiration of twelve months , if there should at any time be a fund for the payment
of ...
... and the fund may not become dispo - court there was of opinion , that it was a
general settled and fixed rule , that pecuniary legacies bear interest from the
expiration of twelve months , if there should at any time be a fund for the payment
of ...
Page 16
There are two questions in the case ; first , whether if the settlement were out of
the way , the court would decree a specific execution ? and secondly , what
difference the settlement makes in the case ? 1 . The general rule is , that
wherever the ...
There are two questions in the case ; first , whether if the settlement were out of
the way , the court would decree a specific execution ? and secondly , what
difference the settlement makes in the case ? 1 . The general rule is , that
wherever the ...
Page 26
It is a rule of construction that judges shall give to every part of a statute that
construction that will be most effectual to carry the plain and obvious meaning of
the legislature into effect ; and the court will have recourse to the whole statute ,
and ...
It is a rule of construction that judges shall give to every part of a statute that
construction that will be most effectual to carry the plain and obvious meaning of
the legislature into effect ; and the court will have recourse to the whole statute ,
and ...
Page 35
Powlett , 2 Atk . 383 , Lord HAIDWICKE is made to say “ To add any thing to an
agreement in wri“ ting , by admitting parol evidence which would affect lands , “ is
not only contrary to the statute of frauds and perjuries , " but to the rule of the ...
Powlett , 2 Atk . 383 , Lord HAIDWICKE is made to say “ To add any thing to an
agreement in wri“ ting , by admitting parol evidence which would affect lands , “ is
not only contrary to the statute of frauds and perjuries , " but to the rule of the ...
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Common terms and phrases
according admitted agreed agreement allowed amount answer appear applied assets assignment authority bankrupt benefit bill Bond bound Bowles brought Brown Campbell cause charge circumstances claim consideration considered contract costs court of equity covenant creditors Daly death debts decree deed defendant demand directed effect entered entitled evidence executed executor fact filed fraud give given ground hands heir held husband insisted intended interest issue John judgment Kennedy lands Latouche lease legacies limitations lives Lord Lord CHANCELLOR marriage master means ment mentioned mortgage nature notice obtained opinion paid parties payment person plaintiff possession present principle proceedings profits proved provision purchaser question received registered remainder renewal rent respect rule settled settlement Shaw statute sufficient suit taken tenant term thing Thomas tion trustee 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...
Bibliographic information
| Title | 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] ... Volume 1 of Reports of Cases Argued and Determined in the High Court of Chancery in Ireland, During the Time of Lord Redesdale, Ireland. High Court of Chancery Volume 1 of 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], Ireland. High Court of Chancery |
| Authors | Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy |
| Publisher | I. Riley, 1808 |
| Original from | Oxford University |
| Digitized | 20 Sep 2006 |
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