Commentaries on Equity Jurisprudence: As Administered in England and America, Volumen2Little, Brown,, 1870 |
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Página 41
... established in proof , show , that there has been an to the receiver , under the direction of a master , is for the receiver , or the party who wishes for an actual delivery of the property , in addition to the legal assign- ment ...
... established in proof , show , that there has been an to the receiver , under the direction of a master , is for the receiver , or the party who wishes for an actual delivery of the property , in addition to the legal assign- ment ...
Página 50
... establish private right against public . § 859 . But will , to quiet claims already established at law . § 860. This remedy is extended to other analogous cases . ] § 852. WE come , in the next place , to the consideration of what are ...
... establish private right against public . § 859 . But will , to quiet claims already established at law . § 860. This remedy is extended to other analogous cases . ] § 852. WE come , in the next place , to the consideration of what are ...
Página 51
... establish and perpetuate a right , which he claims , and which , from its nature , may be controverted by different ... established under the direction of the court . The obvious design of such a bill is to procure repose from perpetual ...
... establish and perpetuate a right , which he claims , and which , from its nature , may be controverted by different ... established under the direction of the court . The obvious design of such a bill is to procure repose from perpetual ...
Página 52
... establish a toll due by a custom ; by a like party to establish the rights to profits of a fair , there being several claimants ; by a lord to estab- lish an enclosure , which he has approved under the statute of Mer- ton , and which ...
... establish a toll due by a custom ; by a like party to establish the rights to profits of a fair , there being several claimants ; by a lord to estab- lish an enclosure , which he has approved under the statute of Mer- ton , and which ...
Página 53
... establish a right of common of the freehold tenants of a manor.2 So , it will lie to establish a duty , claimed by a municipal corpora- tion against many persons , although there is no privity between them.3 § 857. But to entitle a ...
... establish a right of common of the freehold tenants of a manor.2 So , it will lie to establish a duty , claimed by a municipal corpora- tion against many persons , although there is no privity between them.3 § 857. But to entitle a ...
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Términos y frases comunes
action allowed appear applied appointment assignment Attorney authority benefit bill Chancellor Chancery charge charity circumstances claim common condition consideration considered contract courts of equity created creditor debt decree deemed defendant devise direct distinction doctrine doubt edit effect enforce entitled established execution executor exercise existence express fact favor Fonbl founded fund give given granted ground hands heir held husband injunction intention interest interfere Johns judgment jurisdiction justice land legacy lien limitations Lord marriage matter means mortgage Mylne nature notice objects original paid particular party payment performance person plaintiff possession present principle proceedings proper purchaser question real estate reason received reference regard relief remedy require respect rule Russ seems separate statute suit taken tion trust unless wife
Pasajes populares
Página 771 - Nothing can call forth this Court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the Court is passive and does nothing. Laches and neglect are always discountenanced ; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this Court.
Página 695 - We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found, that this equitable set-off exists in eases where the party seeking the benefit of it can show some equitable ground for being protected against his adversary's demand.
Página 131 - I can only say that if the parts which have been copied cannot be separated from those which are original without destroying the use and value of the original matter, he who has made an improper use of that which did not belong to him must suffer the consequences of so doing.
Página 443 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the...
Página 801 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Página 648 - According to that view, the separate property of a married woman, being a creature of equity, it follows, that if she has a power to deal with it, she has the other power incident to property in general, namely : the power of contracting debts to be paid out of it ; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself, to give effect to them, not as personal liabilities, but by laying hold of the separate property as the...
Página 127 - When it comes to a question of quantity, it must be very vague. One writer might take all the vital part of another's book, though it might be but a small proportion of the book in quantity. It is not only quantity but value that is always looked to. It is useless to refer to any particular cases as to quantity.
Página 59 - A writ of injunction may be described to be a judicial process, whereby a party is required to do a particular thing, or to refrain from doing a particular thing, according to the exigency of the writ.
Página 809 - ... shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.
Página 598 - If a father does any specific act from which it may reasonably be inferred that he has authorized his son to contract a debt, he may be liable in respect of the debt so contracted ; but the mere moral obligation on the father to maintain his child affords no inference of a legal promise to pay his debts...