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" For, in all cases of partition, a Court of Equity does not act merely in a ministerial character, and in obedience to the call of the parties, who have a right to the partition; but it founds itself upon its general jurisdiction, as a Court of Equity,... "
Commentaries on Equity Jurisprudence: As Administered in England and America - Страница 537
написао/ла Joseph Story - 1839
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Reports of Cases Decided in the Court of Chancery of the State of ..., Том 33

New Jersey. Court of Chancery - 1881 - 748 страница
...ministerially and in obedience to the call of those who have a right to the partition, but founds itself on its general jurisdiction as a court of equity, and...parties. It will, therefore, by its decree adjust the equitable rights of all the parties interested in the estate, and see to it that partition is made...
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Reports of Cases Decided in the Court of Chancery of the State of New ..., Том 2

New Jersey. Court of Chancery - 1842 - 598 страница
...founds itself upon its general jurisdiction as a court of equity, and administers its relief, ex aequo et bono, according to its own notions of general justice and equity between the parties." I cannot view the case before me (as contended by the defendants' counsel) as similar in principle...
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Reports of Cases Decided in the Court of Chancery of the State of New ..., Том 8

New Jersey. Court of Chancery - 1854 - 956 страница
...parties," as is said in 1 Story's Eq. Jur. sec. 656b ; where it is, also, further said, that equity will, by its decree, adjust all the equitable rights of the parties interested in the suit ; and will, if necessary for this purpose, give special instruction to the Commissioners. It seems...
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Reports of Cases Determined in the Court of Chancery of the State of ..., Том 2

New Jersey. Court of Chancery - 1842 - 598 страница
...founds itself upon its general jurisdiction as a court of equity, and administers its relief, ex aequo et bono, according to its own notions of general justice and equity between the parties/' I cannot view the case before me (as contended by the defendants' counsel) as similar in principle...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Том 2

Asa Kinne - 1852 - 736 страница
...founds itself upon its general jurisdiction, as a court of equity, and administers relief ex tequo et bono, according to its own notions of general justice...special instructions to the commissioners, and nominate commissioners, instead of allowing them to be nominated by the parties. — Story v. Johnson, 1 Young...
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Reports of Cases Determined in the Court of Chancery, and in the ..., Том 4

New Jersey. Court of Chancery - 1854 - 960 страница
...parties," as is said in 1 Story's Eq. Jur. sec. 656b ; where it is, also, further said, that equity will, by its decree, adjust all the equitable rights of the parties interested in the suit; and will, if necessary for this purpose, give special instruction to the Commissioners. It seems...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 страница
...improvements should have been made in good faith. A court of equity administers its relief ex equo et bono, according to its own notions of general justice and equity between the parties. It will adjust by its decrees, all the equitable rights of the parties interested in the premises. It is not...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Том 59

United States. Supreme Court - 1866 - 658 страница
...itself upon its general jurisdiction as a court of equity, and administers its reliefer cequo et bano, according to its own notions of general justice and...rights of the parties interested in the estate, and courts of equity, in making these adjustments, will not confine themselves to the mere legal rights...
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Commentaries on Equity Jurisprudence, as Administered in England and ..., Том 1

Joseph Story - 1866 - 860 страница
...jurisdiction as a court of equity, and administers its relief ex aqua et bono, according to its own notiohs of general justice and equity between the parties. It will, therefore, by its decree,5 adjust all the equitable rights of the parties interested in the estate ; and will, if necessary...
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Reports of Decisions of the Supreme Court of the State of Nevada, Том 3

Nevada. Supreme Court - 1868 - 630 страница
...founds itself upon its general jurisdiction as a Court of Equity, and administers its relief ex ivquo et bono according to its own notions of general justice and equity between the parties." Such are the general and just principles governing Courts of Equity in the administration of relief...
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