 ... the charge. Upon this subject, a Court of Equity is not guided by the rules of law. It will sometimes hold a charge extinguished, where it would subsist at law; and sometimes preserve it, where at law it would be merged. The question in ordinary cases...  Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin - Page 478by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1876Full view - About this book
 | Great Britain. Court of Chancery, William Brown - Law reports, digests, etc - 1819 - 612 pages
...person A ycrson becoming entitled to an estate, subject to a charge for his own brnt-fit, may keep «p the charge. Upon this subject a Court of equity is...subsist at law, and sometimes preserve it, where at taw it would be merged. The question is upon the intention, actual or presumed, of the person in whom... | |
 | John Eykyn Hovenden - Fraud - 1825 - 734 pages
...And, up- keep up the on this subject, a Court of Equity is not guid- c ed by the rules of Law. Equity will, sometimes, hold a charge extinguished, where...it, where at Law it would be merged. The question turns upon in Equity, this the intention, actual or presumed, of the person Spon'the tin™. in whom... | |
 | William Ward - Legacies - 1826 - 536 pages
...Oxenden, 2 Ves. J. 261. ' See 1 Sand. Uses, 241. 3d. ed. • Norfolk e. Gilford, 2 Ver. 208. in which a court of equity is not guided by the rules of law. A court of law cannot look into rights, or beneficial interests ; it merges estates lying in the same... | |
 | Great Britain. Court of Chancery - Equity - 1827 - 574 pages
...keep up the t i et i to aa e *charge. Upon this subject a Court of Equity is not ' su W ect *o euided by the rules of law. It will sometimes hold a , ....extinguished, where it would subsist at law ; and g t ma yk ee p sometimes preserve it, where at law it would be merged. ,,|, the charge. The question... | |
 | Leonard Shelford - Costs (Law) - 1833 - 964 pages
...becoming entitled to an estate subject to a charge for his own benefit, may, if he chooses, at once take the estate, and keep up the charge. Upon this...it, where at law it would be merged. The question in ordinary cases is upon the intention, actual or presumed, of the person in whom the interests are... | |
 | Great Britain. Court of Chancery, Edward Younge, John Collyer - Equity - 1843 - 800 pages
...the charge on the one hand, and the beneficial ownership on the other. "Upon this subject," he says, "a court of equity is not guided by the rules of law....sometimes preserve it where at law it would be merged." These observations are applicable to a charge secured by a legal estate, aa well as a mere equitable... | |
 | Esek Cowen - Law reports, digests, etc - 1845 - 872 pages
...for his own of mortgagee. benefit, may, if he choose, at once take the estate and keep upon y^ BUb. up the charge. Upon this subject, a Court of Equity is not Jectguided by the rules of law. It will sometimes hold a charge extinguished, where it would subsist... | |
 | George Spence - Equity - 1850 - 930 pages
...becoming entitled to an estate 1 -" subject to a charge for his own benefit, may, if he chooses, at once take the estate and keep up the charge. Upon this...the rules of law. It will sometimes hold a charge to be extinguished where it would subsist at law, and sometimes preserve it where at law it would be... | |
 | Law - 1854 - 570 pages
...becoming entitled to an estate, subject to a charge for his own benefit, may, if he choose, at once take the estate, and keep up the charge. Upon this...sometimes preserve it where at law it would be merged. 3 The question is upon the intention, actual or presumed, of the person in whom the interests are united.... | |
 | Law - 1854 - 572 pages
...becoming entitled to an «state, subject to a charge for his own benefit, may, if be choose, at once take the estate, and keep up the charge. Upon this subject a Court of equity is not guided l»y the rules of law. It will sometimes hold a charge extinguished where it would subsist at law,... | |
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