 | Great Britain. Court of Chancery, William Brown - Law reports, digests, etc - 1819 - 612 pages
...charge for his own brnt-fit, may keep «p the charge. Upon this subject a Court of equity is not guided by the rules of law, it will sometimes hold a charge...subsist at law, and sometimes preserve it, where at taw it would be merged. The question is upon the intention, actual or presumed, of the person in whom... | |
 | Great Britain. Court of Chancery, Barrister - Equity - 1822 - 476 pages
...would subsist at law ; and sometimes preserving it, where at law it would be merged ; depending on the intention, actual or presumed, of the person in whom the interests are united. Where, as in most instances, it is, with reference to the party himself, of no sort of use to have... | |
 | Sir John Comyns - Digests, etc - 1822 - 1074 pages
...would submit at law ; and sometimes preserving it, where, at law, it would be merged ; depending on the intention, actual or presumed, of the person in whom the interests are united. Where, as in most instances, it is, with reterence to the party himself, of no sort of use to have... | |
 | John Eykyn Hovenden - Fraud - 1825 - 734 pages
...And, up- keep up the on this subject, a Court of Equity is not guid- c ed by the rules of Law. Equity will, sometimes, hold a charge extinguished, where...it, where at Law it would be merged. The question turns upon in Equity, this the intention, actual or presumed, of the person Spon'the tin™. in whom... | |
 | William Ward - Legacies - 1826 - 536 pages
...mother, as her adminis'trat6r, to have the money raised." But this is a question of circumstances, and of intention, actual or presumed, of the person in whom the interests are united ; and • 1 Ves, &B. 272; and see Noel Donisthorpe /: Porter, 2 Ed. 162. e. Ld. Henley, 7 Pri. 241.... | |
 | Great Britain. Court of Chancery - Equity - 1827 - 574 pages
...keep up the t i et i to aa e *charge. Upon this subject a Court of Equity is not ' su W ect *o euided by the rules of law. It will sometimes hold a , ....extinguished, where it would subsist at law ; and g t ma yk ee p sometimes preserve it, where at law it would be merged. ,,|, the charge. The question... | |
 | Leonard Shelford - Costs (Law) - 1833 - 964 pages
...at once take the estate, and keep up the charge. Upon this subject, a Court of Equity is not guided by the rules of law. It will sometimes hold a charge...it, where at law it would be merged. The question in ordinary cases is upon the intention, actual or presumed, of the person in whom the interests are... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1889 - 648 pages
...he chooses, at once take the estate, and keep up the charge. (Ilelmbold >-. Man.) The question there is upon the intention, actual or presumed, of the person in whom the interests are united ;" and whenever, as he further observes, as is the case in most instances, it is of no sort of use... | |
 | Great Britain. Court of Chancery, Edward Younge, John Collyer - Equity - 1843 - 800 pages
...the beneficial ownership on the other. "Upon this subject," he says, "a court of equity is not guided by the rules of law. It will sometimes hold a charge...sometimes preserve it where at law it would be merged." These observations are applicable to a charge secured by a legal estate, aa well as a mere equitable... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1845 - 420 pages
...would subsist at law ; and sometimes preserving it, where at law it would be merged ; depending on the intention, actual or presumed, of the person, in whom the interests are united. Where, as in most instances, it is, with reference to the party himself, of no sort of use to have... | |
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Upon this subject a Court of equity is not guided by the rules of law. It will sometimes hold a charge extinguished where it would subsist at law, and sometimes preserve it where at law it would be merged. 3 The question is upon the intention, actual... 
