Reports of Cases Argued and Determined in the High Court of Chancery in Ireland: During the Time of Lord Redesdale |
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Page 18
Now , it is not , and could not be contended in this case , that Mr . Butler could
have a right to enforce this agreement , for he could enforce it only according to
the terms of the agreement , and these he cannot perform 18 CASES IN
CHANCERY ...
Now , it is not , and could not be contended in this case , that Mr . Butler could
have a right to enforce this agreement , for he could enforce it only according to
the terms of the agreement , and these he cannot perform 18 CASES IN
CHANCERY ...
Page 19
terms of the agreement , and these he cannot perform on his 1802 . part for want
of the trustees ' consent , and the court could hawn not say to Mr . Lawrenson , "
you shall forego a part of the v . BUTLER " agreement . ” TRENSON If Mr ...
terms of the agreement , and these he cannot perform on his 1802 . part for want
of the trustees ' consent , and the court could hawn not say to Mr . Lawrenson , "
you shall forego a part of the v . BUTLER " agreement . ” TRENSON If Mr ...
Page 22
In the year 1798 , Mr . Cooke caused an advertisement to contract for him for a
lease be inserted in the public papers in the following words : of the lands , in “ To
be let for three lives or thirty - one years from the first which agree ment , the term
...
In the year 1798 , Mr . Cooke caused an advertisement to contract for him for a
lease be inserted in the public papers in the following words : of the lands , in “ To
be let for three lives or thirty - one years from the first which agree ment , the term
...
Page 23
The plaintiffs had prepared and tendered a lease for three lives : Mr . Cooke ,
however , refused to perform the agreement , and in May , 1799 , granted a new
term of the lands to the defendants , the Cahills , who knew of the agreement
made ...
The plaintiffs had prepared and tendered a lease for three lives : Mr . Cooke ,
however , refused to perform the agreement , and in May , 1799 , granted a new
term of the lands to the defendants , the Cahills , who knew of the agreement
made ...
Page 24
As to the term , the answer did not state whether Mr . Cooke considered the
proposal as a proposal for three lives or thirtyone years , but said that the parties
were mutually to determine whether it should be for three lives or thirty - one
years .
As to the term , the answer did not state whether Mr . Cooke considered the
proposal as a proposal for three lives or thirtyone years , but said that the parties
were mutually to determine whether it should be for three lives or thirty - one
years .
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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 judgment 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 registry remainder renewal rent respect rule settled settlement Shaw statute sufficient suit taken tenant term thing Thomas tion trustee wife writ
Popular passages
Page 34 - 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 198 - 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 33 - 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 197 - 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 29 - ... 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 22 - 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 254 - 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 419 - 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 99 - 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 168 - 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 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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