A selection of leading cases in equity: with notes, Volume 3

Front Cover
Frederick Thomas White, Owen Davies Tudor, John Innes Clark Hare, Horace Binney Wallace
T. & J.W. Johnson & Co., 1859 - Equity
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Other editions - View all

Common terms and phrases

Popular passages

Page 263 - ... as it may deem just and proper with respect to the custody, maintenance, and education of the children, the marriage of whose parents is the subject of such suit or other proceeding, and may, if it shall think fit, direct proper proceedings to be taken for placing such children under the protection of the Court of Chancery.
Page 618 - ... redemption, shall have been given to the mortgagor or some person claiming his estate, or to the agent of such mortgagor or person...
Page 658 - ... and all other persons claiming and deriving under the said lease, shall be barred and foreclosed from all relief or remedy in law or equity...
Page 181 - ... 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 INJUNCTIONS AGAINST PROCEEDING AT LAW. 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.
Page 501 - ... property is given absolutely to any person, and the same person is, by the giver who has power to command, recommended, or entreated, or wished, to dispose of that property in favor of another, the recommendation, entreaty, or wish shall be held to create a trust: first, if the words are so used that upon the whole they ought to be construed as imperative; secondly, if the subject of the recommendation or wish be certain; and thirdly, if the objects or persons intended to have the benefit of...
Page 491 - But where the question changes its character, where the defendant in the original action is liable to the plaintiff, either in consequence of contract, or as trustee, or as the holder of a legal title acquired by any species of mala fides practised on the plaintiff, the principles of equity give a court jurisdiction wherever the person may be found, and the circumstance, that a question of title may be involved in the inquiry, and may even constitute the essential point on which the case depends,...
Page 532 - It is the clearest and most evident equity, not to carry on any transaction without the privity of him who must necessarily have a concern in every transaction with the principal debtor. You cannot keep him bound, and transact his affairs, (for they are as much his as your own,) without consulting him. You must let him judge whether he will give that indulgence contrary to the nature of his engagement.
Page 619 - ... shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgage money...
Page 316 - ... release and extinguish her right or equity to a settlement out of any personal estate to which she or her husband in her right may be entitled in possession under any such instrument...
Page 531 - When they are bound jointly and severally, the surety cannot aver by pleading, that he is bound as surety : but if he could establish that at law, the principle at law is, that he has an interest in the condition ; and if the period is extended, that totally defeats the condition ; and the consequence is, the surety is released from his engagement. Suppose a bond payable in six months, with...

Bibliographic information