Reports of Cases Decided 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 2
MacCrellish & Quigley, 1878
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according action agreed agreement alleged allowed amount answer appears applied assignment authority Bank benefit bill bonds C. E. Gr cause CHANCELLOR charge claim complainant complainant's consideration contract conveyance conveyed corporation costs court creditors daughters death debt decree deed defendant delivered denied direction effect entitled equity evidence executed executors existence fact filed fraud fund further gave give given granted ground hands held hold husband intended interest issue Jersey John judgment land latter legacy loan ment mortgage necessary notice objection obtained paid parties payment person possession premises present proof purchaser question railroad reason received recorded reference relief respect rule says shares sold statute subsequent suit taken thereof tion trust wife Wilson
Page 310 - Words in a statute ought not to have a retrospective operation, unless they are so clear, strong, and imperative, that no other meaning can be annexed to them, or unless the intention of the legislature cannot be otherwise satisfied.
Page 368 - ... has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run ('currere solebat'), without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Page 43 - 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 549 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 321 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Page 497 - But, farther, unless the inadequacy of price is such as shocks the conscience, and amounts in itself to conclusive and decisive evidence of fraud in the transaction, it is not itself a sufficient ground for refusing a specific performance...
Page 327 - The true criterion of a fixture is the united application of these requisites: (1) Actual annexation to the realty, or something appurtenant thereto ; (2) application to the use or purpose to which that part of the realty with which it is connected is appropriated ; and (3) the intention of the party making the annexation to make a permanent accession to the freehold.
Page 16 - ... to have and to hold the said premises with all and singular the appurtenances unto the said party of the second part his heirs and assigns to the only proper use benefit and behoof of the said party of the second part his heirs and assigns forever...
Page 57 - It is said, ignorantia juris haud excusat; but in that maxim the word jus is used in the sense of denoting general law, the ordinary law of the country. But when the word jus is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be^ the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective...