Reports of Cases Adjudged in the High Court of Chancery: Before the Right Hon. Sir James Wigram, Knt., Vice-chancellor. [1841-1853], Volume 1; Volume 45A. Maxwell & Son, 1843 - Equity |
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Common terms and phrases
affidavit agreement alleged amount answer appear apply Argument assignment benefit bill was filed cause cestui que trust charge Chowick circumstances claim costs Court court of equity covenant creditors death debt deceased declared decree deed Defendant Derham directed disclaimer Duke effect entitled equity evidence execution executors fact fendant foreclosure fund Gardner George Bowser give Harry Browne Henry Jordan indenture injunction inquiry insolvent interest interpleader John Dodd Jones Judgment lease legacy legatee lessees Lord Chancellor Lord Cottenham Lord Eldon LYDALL Mary Belsey Master ment mines monies mortgage mortgagor motion notice objection paid parties partners partnership payment personal estate Plaintiff possession prayed premises proceedings proved purchaser question referred rent residue respect Russ settlement shew Smith solicitor Statement suit Taylor tenant term testator's testatrix thereof Thomas Belsey tiff tion tithes Tomlin Turton VICE-CHANCELLOR William Blanford William Hinde
Popular passages
Page 41 - ... made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Page 370 - House, and other settled estates, and for the residue to be laid out in the purchase of lands, to be settled to the same uses as the lands already settled are.
Page 380 - Wing, his heirs, executors, administrators and assigns, to and for his and their own absolute use and benefit.
Page 378 - JAP, whether sole or covert, should by will appoint, and in default of appointment, in trust for the next of kin of...
Page 145 - ... bill, whether the same be an original or amended or supplemental bill, omitting the interrogating part thereof; and such bill, as against such party, shall not pray a subpoena to appear and answer, but shall pray that such party, upon being served with a copy of the bill, may be bound by all the proceedings in the cause...
Page 207 - ... read] and what was alleged by the counsel on both sides, his Lordship doth order and decree [or doth declare] &c.
Page 122 - Or landlord shall in his answer swear to be due and in arrear over and above all just allowances, and also the costs taxed in the said suit, there to remain till the hearing of the cause, or to be paid out to the lessor or landlord on good security...
Page 443 - ... my said son James Baker, to receive the rents, issues, and profits thereof, and to pay the same unto my said son James Baker and his assigns during his life, or otherwise to permit him or them to receive the same." Except that the words are "on trust to receive and pay," instead of ''on trust to pay," the case is absolutely undistinguishable from Doe v.
Page 326 - Court doth declare, that all persons interested in the personal estate of the said testator [or intestate] are entitled to the benefit of this order : And it is ordered, that it be referred to the Master to take an account of the testator's [or...
Page 385 - October, 1892, the sole beneficial owner of these shares, the legal title to which was vested in the plaintiff. Assuming this to be established, their Lordships are at a loss to understand what more was required to create the relation of trustee and cestui que trust between the plaintiff and the defendant.