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 4

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Hough & Gillespy, Printers, 1869 - Equity

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Page 293 - I conceive, be thus put : ought this inconvenience to be considered in fact as more than fanciful, more than one of mere delicacy or fastidiousness, as an inconvenience materially interfering with the ordinary comfort physically of human existence, not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions among the English people.
Page 449 - The old cases often gave relief, both at law and in equity, where the party would otherwise derive an advantage from his iniquity. But the modern doctrine has adopted a more severely just, and probably politic and moral rule, which is, to leave the parties where it finds them, giving no relief and no countenance to claims of this sort.
Page 558 - The general doctrine is, that whatever puts a party upon an inquiry, amounts, in judgment of law, to notice, provided the inquiry becomes a duty, as in the case of purchasers and creditors, and would lead to the knowledge of the requisite fact, by the exercise of ordinary diligence and understanding...
Page 112 - ... shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the succeeding section of this act.
Page 575 - Authority to him given by His Majesty's Letters Patent, under the Great Seal of Great- Britain...
Page 466 - Roseville, etc., was conveyed by defendant to plaintiff in fee, "together with all * * * ways and rights of way, * * * easements and appurtenances to the said dwellinghouse, cottage, and hereditaments, or any of them appertaining, or with the same or any of them now or heretofore demised, occupied, or enjoyed, or reputed as part or parcel of them, or any of them, or appurtenant thereto.
Page 449 - ... <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this; ex dolo malo non oritur actio.
Page 319 - rest, residue, and remainder" of his estate, real and personal, to his three sisters, share and share alike.
Page 98 - NE 991, holding that, in order to entitle a party to the specific performance of a parol contract for the conveyance of land, the contract must be certain and definite, and its terms established by evidence free from doubt or suspicion; Burns v.
Page 571 - ... for the hearing and determining all causes, as well criminal as civil, according to law and equity, and, as near as may be, agreeable to the laws of England...

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