Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey, Volume 12

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Page 519 - And even when time is not thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has been inexcusably negligent in performing the contract on his part ; or if there has, in the intermediate period, been a material change of circumstances, affecting the rights, interests, or obligations of the parties ; in all such cases courts of equity will refuse to decree any specific performance, upon the plain ground...
Page 106 - ... 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 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 172 - ... appear and show cause why the prayer of the petition should not be granted...
Page 276 - ... warrant, order, judgment, or decree shall be void to all intents and purposes whatsoever. And the person or persons so serving or executing the same, shall be as liable to the suit of the party grieved, and to answer damages to him for doing thereof, as if he or they had done the same without any writ, process, warrant, order, judgment, or decree at all.
Page 90 - To HAVE AND TO HOLD, the ^K^ above granted, bargained and described premises, with the appurtenances, unto the said party of the second part, and his heirs and assigns...
Page 210 - ... of any property, money, or thing in action, due to him, or held in trust for him ; and to prevent the transfer of any such property, money, or thing, in action, or the payment or delivery thereof, to the defendant, except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Page 106 - ... it by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part.
Page 632 - Island, and bounded on the east part by the main sea and part by Hudson's River, and hath upon the west Delaware Bay or River, and extendeth southward to the main ocean as far as Cape May, at the mouth of Delaware Bay, and to the northward as far as the northernmost branch of the said Bay or River of Delaware, which is forty-one degrees and forty minutes of latitude...
Page 210 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action due to him, or held in trust for him and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
Page 523 - Upon this principle it was decided, in a modern case, that payment of money to an executor, who has obtained probate of a forged will, is a discharge to the debtor of the...

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