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Reports of Cases Decided in the High Court of Chancery of Maryland
John Johnson,Maryland High Court of Chancery
No preview available - 2015
action admits agreement alleged allowed amount answer appears application appointed assignment authority avers Baltimore bank benefit bill bond cause Chancellor charges circumstances claim complainant consideration considered contract conveyance conveyed County Court court Court of Appeals creditors death debt decided decree deed defendant denies doubt effect entitled equity established evidence executed executor existence facts filed fraud further Gill give given granted ground held husband injunction insolvent interest John Jones judgment July land March matter ment mortgage notes notice objection opinion original paid parties passed payment period petition plaintiff possession prays present principle proceedings proceeds proof proved purchaser question reason received record referred regard relief respect respondent rule Schley secure sold statute sufficient suit taken thereof tion trustee Waters wife witness
Page 173 - ... 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 232 - A court of equity, which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, (15) 3 Bro. CC 639. where the party has slept upon his right, and acquiesced for a great length of time. 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,...
Page 114 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them; or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors...
Page 289 - There can be no doubt of the power of the Court to grant a new trial where in such an action the damages are excessive.
Page 284 - The act of 1729, chapter eight, enacts, "that from and after the end of this session of assembly, no goods or chattels whereof the vendor, mortgagor, or donor, shall remain in possession, shall pass, alter, or change, or any property thereof be transferred to any purchaser...
Page 558 - The common law rule that husband and wife cannot be •witnesses for or against each other has been modified by this section.
Page 282 - Ch. 270, wherein it was held that a party cannot be permitted to take a bill of sale or mortgage of chattels from another for his own security, leave the mortgagor in possession and ostensibly the owner, and at his request, and to keep the public from a knowledge of its existence, withhold it from...
Page 100 - I have thus looked pretty fully into the decisions in the analogous case of a purchase from an executor of the testator's assets; and they all agree in this, that the purchaser is safe, if he is no party to any fraud in the executor, and has no knowledge or proof that the executor intended to misapply the proceeds, or was in fact .by the very transaction applying them to the extinguishing of his own private debt.
Page 136 - No rule of law is better settled than that a court of equity will not aid a party whose application is destitute of conscience, good faith, and reasonable diligence, but will discourage stale demands, for the peace of society, by refusing to interfere where there have been gross laches in prosecuting rights, or where long acquiescence in the assertion of adverse rights has occurred.