Reports of Cases Argued and Determined in the Court of Chancery of the State of New-York [1828-1845], Volume 2Gould & Banks, 1839 - Equity |
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Common terms and phrases
adverse party affidavit alleged allowed amendments amount answer appears applied appointed assignment bona fide purchaser cause charge choses in action claim common law compel complainant complainant's contract conveyance conveyed costs counsel court of chancery court of equity covenant creditors death debt debtor decision decree deed defendant demurrer devise directed discharge dower entitled equity execution executors fact fendant filed fraud fund granted guardian heirs husband infant injunction insolvent intended interest interpleader issue John jointure judgment jurisdiction land legatees lien Lord lunatic Lylburn M'Cartee marriage master ment mortgage ne exeat necessary New-York notice objection obtained paid payment personal estate petition plainant pleadings possession premises proceed proceedings proof proper provision question real estate receiver reference resulting trust revised statutes revivor rule Sackett settled Shuler sold solicitor sufficient suit taxed thereof tion trust valid vested vice chancellor widow wife Willard witnesses
Popular passages
Page 170 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 128 - It cannot at this day be argued, that, because the testator uses in one part of his will words having a clear meaning in law, and in another part other words inconsistent with the former, that the first words are to be cancelled or overthrown.
Page 29 - ... thereof is so circumstanced that a partition thereof cannot be made without great prejudice to the owners...
Page 271 - Where there is a negotiation for a loan or advance of money, and the borrower agrees to return the amount advanced at all events, it is a contract of lending; * * * and whatever shape or disguise the transaction may assume, if a profit beyond the legal rate of interest is intended to be made out of the necessities or improvidence of the borrower, or otherwise the contract is usurious.
Page 121 - The great and leading principle in the construction of wills is that the intention of the testator, if not inconsistent with the rules of law, shall govern, and that intent must be ascertained from the whole will taken together...
Page 19 - If there are many parties standing in the same situation as to their rights or claims upon a particular fund, and when the shares of a part cannot be determined until the rights of all the others are settled or ascertained, as in the case of creditors of an insolvent estate, or residuary legatees, all the parties interested in the fund must, in general, be brought before the court, so that there may be but one account, and one decree settling the rights of all. And if it appears on the face of the...
Page 646 - ... such jointure consists of a freehold estate in lands for the life of the wife at least, to take effect, in possession or profit, immediately on the death of the husband.
Page 281 - ... share ratably with the other creditors. The petitioner is entitled to his costs down to the time of the nonsuit, to be paid out of the fund in the hands of the receivers ;" and he made an order to that effect.
Page 247 - Jones said in an old case :70 Are these recitals notice of the rights the defendant claims to have had in the premises? The question of the sufficiency of notice is often embarrassing, and sometimes difficult of solution. But as a general rule to charge a purchaser, the notice must be such as explains itself by its own terms, or refers to some deed or circumstance which explains it or leads to its explanation.71 A priori, one would suppose that the cases deciding whether particular recitals did or...
Page 277 - Persons are necessary parties when no decree can be made respecting the subject-matter of litigation until they are before the court, either as complainants or defendants, or where the defendants already before the court have such an interest in having them made parties, as to authorize those defendants to object to proceeding without such parties.