Select Cases Argued and Adjudged in the High Court of Chancery: Before the Late Lords Commissioners of the Great Seal and the Late Lord Chancellor King, from the Year 1724 to 1733 : with Two Tables, One of the Names of the Cases and the Other of the Principal Matters |
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Common terms and phrases
aliter annuity answer appear appointed assignment bankrupt Baron Gilbert Beav benefit bill bond brought cestui que trust Chancery charge chose in action claim commission commission of review contract Coppin copyhold costs Court of Chancery Court of equity covenant creditor death debt declared decree deed defendant devise dismissed doctrine Earl entitled evidence executor favour fraud gift given governors Hare heir at law held husband infant insisted intent interest joint-tenancy jointure jurisdiction lands lease legacy legatee Lord Chancellor Lord Eldon Lord Langdale Lord Macclesfield marriage ment mort mortgage mortgagor obliged paid party payment personal estate plaintiff possession purchase-money purchaser real estate redemption rehearing remainderman rent respect resulting trust revivor rule Russ separate estate settlement specific performance statute suit tenant testator's tion trustee twenty-one vendor Vern Whitackre wife
Popular passages
Page 8 - The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case, — and does not extend to a discovery of the manner in which the defendant's case is to be established, or to evidence which relates exclusively to his case.
Page 113 - Witts : provided that in courts of equity any defendant to any cause pending in any such court may be examined as a witness on the behalf of the plaintiff or of any co-defendant in any such cause, saving just exceptions ; and that any interest which such defendant so to be examined may have in the matters or any of the matters in question in the cause shall not be deemed a just exception to the testimony of such defendant, but shall only be considered as affecting or tending to affect the credit...
Page 218 - Parliament, that all and every feoffment, gift, grant, alienation, bargain and conveyance of lands, tenements, hereditaments, goods and chattels, or of any of them, or of any lease, rent, common, or other profit or charge out of the same lands, tenements, hereditaments, goods, and chattels, or any of them...
Page 218 - ... utterly void, frustrate, and of none effect ; any pretence, colour, feigned consideration, expressing of use,, or any other matter or thing to the contrary notwithstanding.
Page 154 - If trustee appoints rents to be paid to a banker at that time in credit, and the banker afterwards breaks, the trustee is not answerable.
Page 136 - Acts, or to trustees for payment of debts, or to a purchaser for valuable consideration, pass only the interest which the husband has subject to the wife's legal right by survivorship (/).
Page 79 - Where a rule, either of the Common or the Statute Law, is direct, and governs the case, with all its circumstances, or the particular point, a Court of Equity is as much bound by it as a Court of Law, and can as little justify a departure from it.
Page 8 - ... for such communications are not necessary to the conduct of judicial business, and the defence or prosecution of men's rights by the aid of skilful persons. To force from the party himself the production of communications made by him to professional men, seems inconsistent with the possibility of an ignorant man safely resorting to professional advice, and can only be justified if the authority of decided cases warrants it.
Page 11 - A defendant shall be at liberty, by answer, to decline answering any interrogatory, or part of an interrogatory, from answering which he might have protected himself by demurrer...
Page 114 - The better opinion seems to be, that corporeal and tangible things only are the subjects of contract within the 17th section of the Statute of Frauds, 29 Car. II. c. 3; see Pichering v.Appleby,Com.