Reports of Cases Argued and Determined in the High Court of Chancery: In the Time of Lord Chancellor Hardwicke [1736-1754], Volume 1King's law-printers, and sold by Messrs. Payne, 1781 - Equity |
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Page 7
... must be by all the parties concerned in intereft ; and in quent declaration must be by all the cafe of the countess of Rutland , 5 Co. 25. it is not laid the parties con- down there , that the tenant in tail might declare new ufes , but ...
... must be by all the parties concerned in intereft ; and in quent declaration must be by all the cafe of the countess of Rutland , 5 Co. 25. it is not laid the parties con- down there , that the tenant in tail might declare new ufes , but ...
Page 23
... must " be warranted by act of parliament , or by the common law time out of mind , " And in the 719th page of the fame Institute in the margin , " None can examine witnesses in a new manner , or give an " oath in a new cafe , without an ...
... must " be warranted by act of parliament , or by the common law time out of mind , " And in the 719th page of the fame Institute in the margin , " None can examine witnesses in a new manner , or give an " oath in a new cafe , without an ...
Page 34
... must the heathen courts think of our proceedings ? Will it not deftroy all faith and confidence between the contracting parties ? Is the cafe of the Turk or Jew swearing according to their religion , different from the Indians fwearing ...
... must the heathen courts think of our proceedings ? Will it not deftroy all faith and confidence between the contracting parties ? Is the cafe of the Turk or Jew swearing according to their religion , different from the Indians fwearing ...
Page 45
... must be left to the perfons who try the cause to give what credit to it they please . > It must be left to the jury or judge what credit they will give ; for it is a known diftiction , that the evidence , though admitted , muft ftill be ...
... must be left to the perfons who try the cause to give what credit to it they please . > It must be left to the jury or judge what credit they will give ; for it is a known diftiction , that the evidence , though admitted , muft ftill be ...
Page 49
... must be proved by those witnesses . parting from The first ground judges have gone upon in departing from Anabfolute ne- ftrict rules , is an abfolute ftrict neceffity . Secondly , a prefumed ceffity the first neceffity . In the cafe of ...
... must be proved by those witnesses . parting from The first ground judges have gone upon in departing from Anabfolute ne- ftrict rules , is an abfolute ftrict neceffity . Secondly , a prefumed ceffity the first neceffity . In the cafe of ...
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Common terms and phrases
abfolute act of parliament adminiftrator admitted affets affignees againſt agreement alfo annuity anſwer arifing bankrupt becauſe bill bond cafe caſe caufe cauſe circumftances claufe cofts commiffion of bankruptcy confent confideration confidered conftruction contingent copyhold court court of equity creditors daugh daughter death debt decree deed defendant devife deviſed divifion equity execution executor faid fale fame father fatisfaction fecond fecurity feparate fettled fettlement feveral fhall fhew fhould filk firft firſt fome ftand ftatute fuch fufficient fuit furviving Gulfton himſelf huſband ibid iffue infifted intereft intitled lands legacy likewife Lord Chancellor marriage mortgage muft muſt oath opinion paid partnerſhip payment perfonal eftate petition petitioner plaintiff poffeffion prefent provifion purchaſe purpoſe queftion raiſed reafon real eſtate refpect releaſe remainder rule ſaid ſhall ſhe Southcote ſuch teftator's tenant thefe thereof theſe tion truft truſtees ufury uſe vefted Vern Vide title wife
Popular passages
Page 228 - That where it shall appear to the said commissioners that there hath been mutual credit given by the bankrupt and any other person, or mutual debts...
Page 497 - ... there is a certain time fixed, not to the thing itself, but to the execution of it, and the time being so fixed, must necessarily come: but when the time annexed to the payment is merely eventual, and may or may not come, and the person dies before the contingency happens, I can find no instance in this court, where it has been held that the legacy at all events should be paid.
Page 282 - But there are cases, where bills of peace have been brought, though there has been a general right claimed by the plaintiff, and yet no privity between the plaintiffs and defendants, nor any general ri.iht on the part of the defendants, and where many more might be concerned than those brought before the court.
Page 39 - Ye shall not go after other gods, of the gods of the people which are round about you; 15 (For the LORD thy God is a jealous God among you) lest the anger of the LORD thy God be kindled against thee, and destroy thee from off the face of the earth.
Page 41 - These defects, if they happen in the law, can only be remedied by parliament — but where the law is doubtful and not clear, the judges ought to interpret the law to be as is most consonant to equity, and what is least inconvenient.
Page 116 - Defeazance ; yet it shall and may nevertheless be pleaded in Bar of such Action, and shall be as effectual a Bar thereof, as if the Money had been paid at the Day and Place, according to the Condition or Defeazance, and had been so pleaded.
Page 556 - AND IT is HEREBY declared and agreed by and between all the parties to...
Page 515 - Cafe 348. the accountant general's hands, to be placed in the bank, till it can be laid out according to the directions of a decree, if you move for an application of this money, you...
Page 193 - ... for if it was not done to defraud creditors, and keep out of the way, it will not be an aft of bankruptcy within the ftatute. Alfo if after a plain aft of bankruptcy he pays off or compounds with all his creditors.
Page 350 - Assumpsit to pay for a horse a barley-corn a nail, doubling it every nail; and avers that there were thirty-two nails in the shoes of the horse, which, being doubled every nail, came to five hundred quarters of barley.