The Principles of Equity: A Treatise on the System of Justice Administered in Courts of ChanceryKay & Brother, 1887 - 659 pages |
Contents
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Common terms and phrases
4th Eng Alab Allen Appeal apply assignment Bank Barr Beav benefit bill Brown C. E. Green Casey cestui que trust chancellor charitable chose in action Clark common law Conn consideration considered contract conveyance court of chancery court of equity created creditors cy pres doctrine debts decree deed doctrine enforced England equitable remedy equitable title estoppel Ex'rs executed Executors exist favor feme feme covert fraudulent gift H. L. Cas Hamp Harris heir held Hill on Trustees husband intention Jackson Johns Jones jurisdiction Kerr on Fraud land Lead legal title liable Lord marriage Maryl ment mortgage mortgagor Norris notice P. F. Sm Paige party Perry on Trusts person Phillips purchase-money purchaser purpose real estate recognised relief remedy resulting trust rule separate estate settlement Smith statute statute of frauds Story's Eq Taylor tion transaction Verm Watts wife Williams words
Popular passages
Page 95 - 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 trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 171 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 119 - 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 names 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 122 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law...
Page 21 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 340 - ... or in some way affected ; and the court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incumbrance, or other circumstance affecting the property of which he had actual notice...
Page 352 - ... 1. There must have been a false representation or a concealment of material facts ; 2. The representation must have been made with knowledge of the facts; 3. The party to whom it was made must have been ignorant of the truth of the matter; 4. It must have been made with the intention that the other party should act upon it; 5. The other party must have been induced to act upon it": Bigelow on Estoppel, 3d ed., 484.
Page 91 - It is a settled rule of law that the beneficial interest of the cestui que trust, whatever it may be, is liable for the payment of his debts. It cannot be so fenced about by inhibitions and restrictions as to secure to it the inconsistent characteristics of right and enjoyment to the beneficiary and immunity from his creditors.
Page 237 - ... afterwards by their own act, or with their own consent, enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced, or will be kept in suspense, or held in abeyance, the person who otherwise might have enforced those rights will not be allowed to do so where it would be inequitable, having regard to the course of dealing between the parties.
Page 263 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.