Reports of Cases Argued and Determined in the Court of Exchequer in Equity: From Trinity Term, 11 Geo. IV. to Michaelmas Term, 2 Will. IV., Both Inclusive, with Tables of the Cases and Principal Matters. [1830-1832]

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S. Sweet, 1833 - Equity - 640 pages
 

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Page 435 - By the rule of law, independent of the statute, parol evidence cannot be received to contradict a written agreement. To admit it for the purpose of proving that the written instrument does not contain the real agreement would be the same as receiving it for every purpose. It was for the purpose of shutting out that inquiry that the rule of law was adopted.
Page 412 - Norton, deceased, and that an account might be taken, of all sums of money received...
Page 327 - It is a principle in equity that the court must see its way very clearly before it will decree specific performance, and that it must be satisfied as to the integrity and good faith of the party seeking its interference (s).
Page 386 - That whenever an assignee shall die, or a new assignee or assignees shall be chosen as aforesaid, no action at law or suit in equity shall be thereby abated, but the court in which any action or suit is depending, may, upon the suggestion of such death or remOval, and new choice, allow the name of the surviving or new assignee or assignees...
Page 12 - ... and that all writs of formedon in descender, formedon in remainder and formedon in reverter, of any manors, lands, tenements, or other hereditaments whatsoever, at any time hereafter to be sued or brought by occasion or means of any title or cause hereafter happening, shall be sued and taken within twenty years next after the title and cause of action first descended or fallen, and at no time after the said twenty years...
Page 120 - ... law (commenced by him on the first agreement), and from commencing any other action at law against the plaintiff in respect of the said agreements or either of them. It appeared from the statements in the bill that the defendant was in March 1869...
Page 13 - Parliament, or within twenty years next after any other title of entry accrued; and that no person or persons shall, at any time hereafter, make any entry into any lands, tenements, or hereditaments, but within twenty years next after his or their right or title, which shall hereafter first descend or accrue to the same ; and in default thereof, such persons so not entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made, any former law or statute to the...
Page 203 - ... manor of East Greenwich, in the County of Kent, by fealty only in free and common socage...
Page 387 - Death or Removal, and new Appointment, allow the Name or Names of the surviving or new Assignee or Assignees to be substituted in the Place of the former; and such Action or Suit shall be prosecuted in the Name or Names of the said surviving or new Assignee or Assignees, in the same Manner...
Page 610 - . and interest, without any time being fixed by the proviso for payment of the money; the deed contained a covenant by A. for payment of the money on demand, and also a covenant that it should be lawful for B.

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