THE PRINCIPLES OF EQUITY: A TREATISE ON THE SYSTEM OF JUSTICE ADMINISTERED IN COURTS OF CHANCERY

Portada

Dentro del libro

Páginas seleccionadas

Contenido

Mortgages 33 Partnership bills Creditors bills
23
Doctrine of seeing to the applica States
32
Equitable liens
37
Equity follows the Law Equity
46
PART I
52
General result of the authorities rally in Pennsylvania and Con
67
CHAPTER II
71
Dillaye
72
CHAPTER III
73
Resulting Trusts of four kinds exhausted
79
Trusts of this kind abolished in cer 93 Extent of this rule
90
of Muskingum v Carpenter 357
91
Rights of husband at common law may be created Massey v Par
96
Liability of separate estate to her 111 How waived
102
SPECIFIC PERFORMANCE
107
Against whom and in whose
108
Davis
111
Uncertainty in the object a char 125 Characteristics of a charitable use
116
Gifts for religious purposes should avoid a charitable gift
122
Alloway
125
Jurisdiction of Courts of Equity 143 Trustee cannot use his position
135
Rules in the United States 147 Remedies for breach of trust
141
The law of Mortgages no longer 155 Absolute deed may be shown
149
Blizard
155
Common law rule forbidding as 169 Authorities in the United States
162
Definition of Accident 186 Mistakes of two kindsof
174
Cross
178
Agreements for reduction of debt induced by negligence
180
Importance and general nature of 207 Matters of opinion
197
Within what time redress must be cases on this subject
203
Perry
212
SECTION II
215
Nash
218
Change of the law in England marriage
221
Bennings Executors
227
Contracts Tate v Williamson 238 Fiduciary can make no profit
232
Mackay
234
Subdivision of frauds of this class 253 Fraud on marital rights Strath
240
Conveyances of property which power Topham v The Duke
246
Statute not applicable to per
252
Minshull
261
Equities to be considered under 338 Qualifications
326
Cases in which these equities are of decedents
332
General nature of this equitable 380 Other rules as to title
337
Distinction between liens at com 356 Parties for and against whom
351
Other grounds of the superiority 383 Statute of Frauds exceptions
363
Green
368
When damages cannot be ascer 389 When the purchaser may be com
369
Performance in specie must be ing out of the nature of the con
375
110
376
colorable imitations 444 Injunction in cases of Patent 459 Alienation of negotiable securities Right Copyright and Literary 460 Alienation pending lit...
386
tions
390
Definition of an injunction litigation election between
399
Common or special 418 Bills of Peace of the second class
405
Equitable rights protected mortgages
411
144
413
Beak
417
CHAPTER III
418
Classification of cases in which In 433 Parties who will be restrained from
428
CHAPTER IV
430
of chancery
431
Wilson
437
White
447
Cureton
453
Bostwick v Atkins
468
Inadequacy of the common law 488 Disadvantages of proceeding at remedies
481
Origin of the remedy in equity
482
Limitations upon this remedy
483
Extent of the remedy common law changes by stat ute in the United States
484
Advantages of mode of procedure
489
Mode of making partition in 497 Advantages of the procedure
490
CHAPTER VIII
492
in equity
493
Disadvantages of the proceeding 503 Jurisdiction of equity in cases
496
CHAPTER IX
499
Reasons for resorting to equity in 514 Sale and account
505
Miscellaneous cases
511
Bonney v Seely
516
Qualifications of the rule
517
Creditors Bills are of two classes 532 Origin of the doctrine
525
Equitable Assets doctrine of com
531

Otras ediciones - Ver todas

Términos y frases comunes

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...

Información bibliográfica