A Treatise on the Principles and Practice of the High Court of Chancery: Under the Following Heads: I. Common Law Jurisdiction. II. Equity Jurisdiction. III. Statutory Jurisdiction. IV. Specially Delegated Jurisdiction, Volume 1O.D. Cooke, 1827 |
Contents
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Other editions - View all
A Treatise on the Principles and Practice of the High Court of Chancery ... Henry Maddock,Thomas Huntington No preview available - 2015 |
A Treatise On the Principles and Practice of the High Court of Chancery ... Henry Maddock,Thomas Huntington No preview available - 2023 |
A Treatise on the Principles and Practice of the High Court of Chancery ... Henry Maddock,Thomas Huntington No preview available - 2018 |
Common terms and phrases
9 Ves afterwards Agreement Ambl Anon Anstr Appointment Assignment Bond Cestui que Trust Chan Chancellor compel considered Contract convey Conveyance Copyhold Court of Chancery Court of Equity Covenant Creditors Debts decreed Deed Defendant Devise Dick Discovery doctrine Dower Earl entitled execution Executor Father Feme Covert file a Bill Fraud fraudulent Freem granted ground Guardian Heir held Husband Ibid Infant Injunction Interest Interpleader Johns judgment Jurisdiction Lands Lease Lefr Lord Eldon Lord Hardwicke Lord Thurlow Madd Marriage ment Meriv Money Mortgage Mortgagor obtained paid parol Party payment Personal Estate Plaintiff possession Prec Property Purchaser Real Estate Redesd relieved Remainder restrain Rule Sale seems settled Settlement Smith specific performance Statute Statute of Frauds stay Waste Tenant in Tail Term tion Title unless Vendor Vern Vide voluntary Wife
Popular passages
Page 97 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Page 373 - ... 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...
Page 531 - Upon this subject, a Court of Equity is not guided by the rules of law. It will sometimes hold a charge extinguished, where it would subsist at law; and sometimes preserve it, where at law it would be merged. The question in ordinary cases is upon the intention, actual or presumed, of the person in whom the interests are united.
Page 491 - The cases are uniform to this extent ; that if trustees, before the first tenant in tail is of age, join in destroying the remainders, they are liable for a breach of trust ; and so is every purchaser under them with notice. But when we come to the situation of trustees to preserve remainders, who have joined in a recovery after the first tenant in tail is of age, it is difficult to say more, than that no judge in equity has gone the length of holding that he would...
Page 39 - Where articles contain covenants for the performance of several things, and then one large sum is stated at die end to be paid upon breach of performance, that must be considered as a penalty...
Page 235 - And, in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to the principal, has put it out of the power of the surety to consider whether he will have recourse to his remedy against the principal, or not ; and because he, in fact, cannot have the same remedy against the principal as he would have had under the original contract...
Page 183 - To preserve testimony, when in danger of being lost, before the matter to which it relates can be made the subject of judicial investigation.
Page 235 - A surety," to use the language of Sir S. Romilly's reply, "will be entitled to every remedy which the creditor has against the principal debtor, to enforce every security and all means of payment; to stand in the place of the creditor...