A Digest of the Laws of England, Volume 2Collins & Hannay, 1824 - Law |
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Common terms and phrases
act of bankruptcy action affidavit afterwards agreement allowed annuity answer assets assignees Atkyns bail bankrupt bill bond Bunb bye-law cause certificate certiorari Chan chancellor clerk commission commissioners consent copyhold costs court court of chancery court of equity covenant coverture creditor daughter death debt decree deed defendant demurrer devises discharged dividend Dougl entitled equity exchequer execution executor feme feme covert feoffment fraud gives grant heir husband and wife Ibid infant injunction Inst interest issue judgment land lease legacy legatee lord lord chancellor marriage marries mortgage Orders of Chancery paid party payment personal estate petition plaintiff plea plead prove purchase rent Rose Rules and Orders scire facias Semb settlement sheriff stat statute sufficient surrender Taunt tenant term Tidd trader trustees Vide post Vide Pract Vide Practical Register Vide Rules void writ
Popular passages
Page 340 - Equity, then, in its true and genuine meaning, is the soul and spirit of all law: positive law is construed, and rational law is made, by it. In this, equity is synonymous to justice; in that, to the true sense and sound interpretation of the rule.
Page 341 - Whereas the system of our courts of equity is a laboured connected system, governed by established rules, and bound down by precedents from which they do not depart, although the reason of some of them may perhaps be liable to objection.
Page 708 - where the purchaser cannot make out a title but by a deed, which leads him to " another fact, the purchaser shall not be a purchaser without notice of that fact ; ' but shall be presumed cognisant thereof ; for it is Crassa negligentia that he sought
Page 132 - ... and the proving or claiming a debt under a commission by any creditor, shall be deemed an election by such creditor to take the benefit of such commission, with respect to the debt so proved or claimed...
Page 362 - No regular judicial system at that time prevailed in the court ; but the suitor when he thought himself aggrieved, found a desultory and uncertain remedy, according to the private opinion of the chancellor, who was generally an ecclesiastic, or sometimes (though rarely) a statesman...
Page 341 - But there are other trusts which are cognizable in a court of law ; as deposits, and all manner of bailments ; and especially that implied contract, so highly beneficial and useful, of having undertaken to account for money received to another's _ use, which is the ground of an action on the case almost as universally remedial as a bill in equity.
Page 132 - ... prior to the bankruptcy, or which might have been proved as a debt under the commission...
Page 191 - ... and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years...