A Selection of Leading Cases in Equity: With Notes, Том 2, Част 2T. & J. W. Johnson & Company, 1877 |
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agreement alleged appears applied appointed assignment attorney authority Barb Beav benefit bill cestui que trust champerty chancellor child chose in action circumstances cited claim common law complainant consideration contract convey conveyance Court of Chancery court of equity court of law covenant creditor custody debt debtor decree deed defendant doctrine enforced entitled execution executors father filed fraud fund grant ground guardian held husband infant injunction interest judgment jurisdiction justice L. R. Ch L. R. Eq land lease liable Lord Chancellor Lord Cottenham Lord Eldon Lord Thurlow marriage ment mortgage mother notice obtained P. F. Smith paid Paige party payment plaintiff possession principle proceedings promise purchaser question reason received relief restrain rule settlement solicitor specific performance statute suit tenant testamentary tion transaction trustees undue influence unless vendee vendor ward wife
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Страница 1726 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Страница 1265 - ... 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.
Страница 1149 - An attorney or solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of any past or future services, fees, charges, or disbursements in respect of business done or to be done by such attorney or solicitor, or as an advocate or conveyancer, either by a gross sum, or by commission or percentage, or by salary or otherwise...
Страница 1537 - ... nothing in action, entry, or re-entry can be granted over ; for, so, under colour thereof, pretended titles might be granted to great men, whereby right might be trodden down, and the weak oppressed, which the common law forbiddeth, — as men to grant before they be in possession.
Страница 1658 - Necessity, which includes the regular course of business in administering the property, will in equity exonerate the personal representative. But if without such necessity he be instrumental in giving to the person failing possession of any part of the property, he will be liable, although the person possessing it be a co-executor or co-administrator.
Страница 1436 - When a divorce shall be decreed, the court may make such order touching the alimony and maintenance of the wife, the care, custody and support of the children, or any of them, as, from the circumstances of the parties and the nature of the case, shall be fit, reasonable and just...
Страница 1487 - It may be assigned either before or after loss. (2) Where a marine policy has been assigned so as to pass the beneficial interest in such policy, the assignee of the policy is entitled to sue thereon in his own name; and the defendant is entitled to make any defence arising out of the contract which he would have been entitled to make if the action had been brought in the name of the person by or on behalf of whom the policy was effected.
Страница 1241 - The cause why there is a Chancery is for that men's actions are so divers and infinite, that it is impossible to make any general law which may aptly meet with every particular act, and not fail in some circumstances.
Страница 1622 - If a party, acting in ignorance of a plain and settled principle of law, is induced to give up a portion of his indisputable property to another under the name of compromise, a court of equity will relieve him from the effect of his mistake.
Страница 1636 - Ignorantia juris hand excusat" [ignorance of the law never excuses]; but in that maxim the word "jus" is used in the sense of denoting general law, the ordinary law of the country. But when the word "jus" is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be the result also of...