The Enforcement of Decrees in EquityHarvard University Press, 1915 - 189 pages |
Common terms and phrases
action administration appointed authority bill bona fide purchaser cestui que trust cestui's interest cestui's rights cited claim commissioner common law compel contract convey conveyance Court of Chancery court of equity court of law courts of common covenants creditor debtor decree deed defendant direct disseisor duty enforce English entitled equitable estate equitable interest equitable rights equitable title equity jurisdiction escheat executed Federal courts feoffee give a real heirs held judex judges judgment Jurisprudence justice land legal estate Legal History legal title legislation Lord Chancellor Maitland ment merely non-resident party personal property personam plaintiff possession practice praetor proceeding protect purchaser for value quiet title real effect real property record remedy rights in personam rights in rem rights of cestui Roman Law rule Section secure sequestration sheriff specific performance specific relief statute subpoena suit tion trust res trustee's writ
Popular passages
Page 37 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 35 - States to enforce any legal or equitable lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to real or personal property within the district where such suit is brought...
Page 35 - ... one or more of the defendants therein shall not be an inhabitant of, or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to appear...
Page 159 - ... county in which the property is situated, a notice of the pendency of the action...
Page 159 - An action may be brought by any person against another who claims an estate or interest in real or personal property, adverse to him, for the purpose of determining such adverse claim...
Page 35 - ... entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district...
Page 170 - ... such decree shall be considered and taken, in all courts of law and equity, to have the same operation and effect, and be as available as if the conveyance, release or acquittance had been executed conformably to such decree, and this, notwithstanding any disability of such party by infancy, lunacy, coverture or otherwise.
Page 171 - When it is admitted by the pleading or examination of a party that he has in his possession, or under his control, any money or other thing capable of delivery, which being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court, or delivered to such party, with or without security, subject to the further direction of the court.
Page 152 - It must not be forgotten that the rules of courts of equity are not, like the rules of the common law, supposed to have been established from time immemorial. It is perfectly well known that they have been established from time to time — altered, improved, and refined from time to time.
Page 92 - Confidence reposed in some other, which is not issuing out of the land, but as a thing collateral, annexed in privity to the estate of the land, and to the person touching the land...