THE PRINCIPLES OF EQUITY: A TREATISE ON THE SYSTEM OF JUSTICE ADMINISTERED IN COURTS OF CHANCERY |
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Página v
... while , for the purpose of presenting a view of equity jurisprudence as it now exists , modern treatises have been con- sulted and modern authorities cited , yet at the same time regard has been always had to the ancient deci- PREFACE .
... while , for the purpose of presenting a view of equity jurisprudence as it now exists , modern treatises have been con- sulted and modern authorities cited , yet at the same time regard has been always had to the ancient deci- PREFACE .
Página vi
GEO. TUCKER BISPHAM. time regard has been always had to the ancient deci- sions wherein the principles of equity have had their birth and their early development . Every writer , as well as every student , should always have in his recol ...
GEO. TUCKER BISPHAM. time regard has been always had to the ancient deci- sions wherein the principles of equity have had their birth and their early development . Every writer , as well as every student , should always have in his recol ...
Página 31
... regard to existing legal titles . This is done by virtue of certain doctrines by which common law rights of en- joyment are modified or controlled . The first of these equities . which will be noticed , are those of Accident and Mistake ...
... regard to existing legal titles . This is done by virtue of certain doctrines by which common law rights of en- joyment are modified or controlled . The first of these equities . which will be noticed , are those of Accident and Mistake ...
Página 34
... regard to the values of the two pieces of property between which he is to choose ; and he is entitled to the assistance of the court for the purpose of determining the values . As a As a general rule , an election can be made only by ...
... regard to the values of the two pieces of property between which he is to choose ; and he is entitled to the assistance of the court for the purpose of determining the values . As a As a general rule , an election can be made only by ...
Página 35
... regard to the rights of others . The right of set - off , although it is a right of equitable origin , has , nevertheless , been so effectually introduced by statute both in England and in this country , that the occasions for its appli ...
... regard to the rights of others . The right of set - off , although it is a right of equitable origin , has , nevertheless , been so effectually introduced by statute both in England and in this country , that the occasions for its appli ...
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Otras ediciones - Ver todas
Términos y frases comunes
4th Eng action Alab Allen Appeal applied assertion assignment Bank Barr Beav benefit bill C. E. Green cestui qui trust chancellor charitable choses in action common law Conn considered contract conveyance court of chancery court of equity covenant created creditors cy pres doctrine debt debtor decree deed doctrine dower enforced England entitled equitable remedy equitable title equity of redemption estoppel execution Executors exercise exist favor feme covert Fraud and Mistake fraudulent gift H. L. Cas Hamp heir held Hill on Trustees husband injunction intention interest Johns jurisdiction Kerr on Fraud land Lead legal title liable lien Lord Maryl ment mortgage mortgagor notice P. F. Sm Paige partnership party payment Perry on Trusts person personalty principle purchaser purpose real estate relief restrain resulting trust rule settlement Smith specific performance Spence Eq statute statute of frauds tion transaction Verm writ
Pasajes populares
Página 72 - All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Página 133 - 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 370 - ... 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 91 - 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 purchaser and others jointly, .. or in the names of others without that of the purchaser; whether in one name or several ; whether jointly or successive, results to the man who advances the purchase money.
Página 93 - 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 the implication or construction of law...
Página 262 - ... or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incumbrance, or other circumstance affecting the property of which he had actual notice...
Página 428 - ... it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Página 15 - High Court of Justice shall be constituted as follows: -The first Judges thereof shall be the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron...
Página 506 - ... fraud or imminent danger, if the intermediate possession should not be taken by the court, must be clearly proved; and (5) that, unless the necessity be of the most stringent character, the court will not appoint until the defendant is first heard in response to the application.
Página 230 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is...