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agreement alleged allowed amount answer Appeals application appointed assignment authority bank benefit bill bond cause Chancellor charged circumstances claim complainant consideration considered contract conveyed court Court of Appeals creditors death debt deceased decided decree deed defendant denied devise direction dower effect entitled equity evidence exceptions execution express fact filed founded fraud give given ground hands held husband injunction insolvent intention interest Johns judgment land latter lien ment mortgage necessary objection obtained opinion paid parties partnership passed payment performance petition plaintiff possession present principle proceedings proceeds profits proof proper provisions purchase question real estate reason received referred regard relief respect rule seems share sold statute sufficient suit taken tion transfer true trustee unless whole widow wife
Page 252 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Page 510 - It may be so under certain circumstances ; but the mere fact of being in debt to a small "mount, would not make the deed fraudulent, if it could be shown, that the grantor was in prosperous circumstances, and unembarrassed, and that the gift to the child was a reasonable provision according to his state and condition in life, and leaving enough for the payment of the debts of the grantor. The...
Page 509 - The conclusion to be drawn from the cases is, that if the party be indebted at the time of the voluntary settlement, it is presumed to be fraudulent in respect to such debts, and no circumstance will permit those debts to be affected by the settlement, or repel the legal presumption of fraud.
Page 15 - ... not, indeed, of arbitrary and capricious discretion, dependent upon the mere pleasure of the Judge, but of that sound and reasonable discretion which governs itself as far as it may by general rules and principles ; but at the same time which withholds or grants relief, according to the circumstances of each particular case, when these rules and principles will not furnish any exact measure of justice between the parties.
Page 250 - Independent of that instrument, and of any express restriction in the Constitution of the State, there is a fundamental principle of right and justice, inherent in the nature and spirit of the social compact...
Page 532 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 112 - We have already seen, that'the specific execution of a contract in equity is a matter, not of absolute right in the party, but of sound discretion in the court.
Page 244 - It is well settled that if a party sets up part performance to take a parol agreement out of the statute, he must show acts unequivocally referring to and resulting from that agreement ; such as the party would not have done unless on account of that very agreement and with a direct view to its performance ; and the agreement set up must appear to be the same with the one partly performed. There must be no equivocation or 'uncertainty in the case.