American Law and Procedure, Volume 6James De Witt Andrews La Salle Extension University, 1910 |
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Other editions - View all
Common terms and phrases
administration agreed benefit bill in equity breach buyer cancelation cestui chancellor circumstances claimants claims common law common law courts compel compensation constructive trusts contract convey conveyance court of equity creditors damages death decedent deed defendant doctrine dower duty effect enforce entitled equitable relief erty example executed executor fee simple fendant feoffee fraud gift granted heirs infringement injunction instrument intention interpleader jurisdictions jury land legal title matter ment mistake of fact mistake of law N. J. Eq notice nuisance obtain owner paid parties patent payment personal property personal representative plaintiff possession premises principle probate court prop purchase price purchaser for value Quasi-Contracts question real property reason recover reformation refused remedy rescission resulting trust revocation rule seems sell seller sion sold specific performance statute statute of frauds statutory tenant testamentary expression testator's tion transfer trespass trust-res valid vested wife witnesses
Popular passages
Page 189 - no action shall be brought whereby * * * to charge any person * * * upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; * * * unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 157 - The doctrines of this Court ought to be as well settled, and made as uniform almost, as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case.
Page 198 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor and with notice of which he purchased.
Page 417 - This is a general proposition supported by all the cases, and there is nothing to contradict it; and it goes on a strict analogy to the rule of the common law, that where a feoffment is made without consideration, the use results to the feoffor.
Page 407 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 402 - The true distinction appears to me to be plain, and beyond dispute: for a man to make himself a trustee there must be an expression of intention to become a trustee, whereas words of present gift show an intention to give over property to another, and not retain it in the donor's own hands for any purpose, fiduciary or otherwise.
Page 417 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 401 - A man may transfer his property without valuable consideration in one of two ways: he may either do such acts as amount in law to a conveyance or assignment of the property, and thus completely divest himself of the legal ownership, in which case the person who by those acts acquires the property takes it beneficially, or on trust, as the case may be; or the legal owner of the App.
Page 402 - I declare myself a trustee' but he must do something which is equivalent to it, and use expressions which have that meaning; for, however anxious the Court may be to carry out a man's intention, it is not at liberty to construe words otherwise than according to their proper meaning...
Page 472 - The duty of a trustee is not to take such care only as a prudent man would take if he had only himself to consider; the duty rather is to take such care as an ordinary prudent man would take if he were minded to make an investment for the benefit of other people for whom he felt morally bound to provide.