The Doctrine of Equity: A Commentary on the Law as Administered by the Court of ChanceryT. & J.W. Johnson, 1890 - 839 páginas |
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Otras ediciones - Ver todas
The Doctrine of Equity: A Commentary on the Law as Administered by the Court ... John Adams,Robert Ralston Sin vista previa disponible - 2015 |
Términos y frases comunes
alleged answer appears apply assets Bank Barb Beav bottom paging Brown cestui que trust charge claim Clark common law Conn contract conveyance Court of Chancery court of equity creditors Davis debt decree deed defendant demurrer Dessaus devise discovery doctrine enforced entitled evidence Ex'rs execution executor fact feme covert filed fraud fund Gratt Green Hare heir held infant injunction interest interpleader Iowa Johns Johnson Jones judgment jurisdiction L. J. Ch land legacy legatees liable Lord matter Miller Mitf mortgage N. J. Eq ne exeat notice obtained Paige partner partnership party payment person plaintiff plea possession principle purchaser real estate relief remedy resulting trust rule Smith specific performance statute Statute of Frauds Strob suit supra surety Taylor tion Vict writ
Pasajes populares
Página 152 - A charity, in the legal sense, may be more fully defined as a gift, to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Página 674 - If the decree be for the performance of any specific act, as, for example, for the execution of a conveyance of land or the delivering up of deeds, or other documents, the decree shall, in all cases, prescribe the time within which the act shall be done, of which the defendant shall be bound without further service to take notice...
Página 51 - ... all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice...
Página 51 - ... of Court or any order of the Court, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim as if he had been duly sued in the ordinary way by such defendant.
Página 95 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by...
Página 41 - ACTIONS (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and...
Página 186 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Página 604 - ... of form) in bar of or to the merits of the bill, of which he may be entitled to avail himself by a plea in bar; and in such answer he shall not be compellable to answer any other matters than he would be compellable to answer and discover upon filing a plea in bar and an answer in support of such plea, touching the matters set forth in the bill, to avoid or repel the bar or defense.
Página 361 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Página 247 - Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption, and notwithstanding the dissent of any other person and notwithstanding that the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may if it thinks fit direct a sale of the mortgaged property on such terms as it thinks fit...