Commentaries on Equity Jurisprudence: As Administered in England and America, Том 1Little, Brown, 1886 |
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Страница 22
... facts by means of a jury ; and the evidence is generally to be drawn , not from the parties , but from third persons , who are disinterested ... fact stated in 22 [ CHAP . I. EQUITY JURISPRUDENCE . PENALTIES AND FORFEITURES 1301-1326.
... facts by means of a jury ; and the evidence is generally to be drawn , not from the parties , but from third persons , who are disinterested ... fact stated in 22 [ CHAP . I. EQUITY JURISPRUDENCE . PENALTIES AND FORFEITURES 1301-1326.
Страница 23
... fact stated in the bill , if they are within his knowledge ; and he is compellable to give a full account of all such facts , with all their circumstances , without evasion or equivocation ; and the testimony of other witnesses also may ...
... fact stated in the bill , if they are within his knowledge ; and he is compellable to give a full account of all such facts , with all their circumstances , without evasion or equivocation ; and the testimony of other witnesses also may ...
Страница 24
... fact that there is doubt in the mind of a party whether he can maintain an action at law will not give jurisdiction to equity . Allen v . Storer , 132 Mass . 372 ; Clark v . Jones , 5 Allen , 379. Nor will the fact that the evidence in ...
... fact that there is doubt in the mind of a party whether he can maintain an action at law will not give jurisdiction to equity . Allen v . Storer , 132 Mass . 372 ; Clark v . Jones , 5 Allen , 379. Nor will the fact that the evidence in ...
Страница 31
... fact . Wells , J. , in Jones v . Newhall , 115 Mass . 244 , 252 , referring to Clifford Brooke , 13 Ves . 131 ; Whitmore v . Mackeson , 16 Beav . 126 ; Hammond v . Messenger , 9 Sim . 327 ; Hoare v . Bremridge , L. R. 14 Eq . 522 ; s ...
... fact . Wells , J. , in Jones v . Newhall , 115 Mass . 244 , 252 , referring to Clifford Brooke , 13 Ves . 131 ; Whitmore v . Mackeson , 16 Beav . 126 ; Hammond v . Messenger , 9 Sim . 327 ; Hoare v . Bremridge , L. R. 14 Eq . 522 ; s ...
Страница 61
... fact , should upon his marriage make a settlement on his wife , and the heir in tail should engross the settlement and conceal the fact , although at law his title would be absolute , a Court of Equity would award a perpetual injunction ...
... fact , should upon his marriage make a settlement on his wife , and the heir in tail should engross the settlement and conceal the fact , although at law his title would be absolute , a Court of Equity would award a perpetual injunction ...
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Commentaries on Equity Jurisprudence: As Administered in England and America Joseph Story Ограничен приказ - 2000 |
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Abridg agreement Allen applied Bank Beav bill bond Brown Chan Chancellor circumstances cited civil law Clark Comm common law condition contract conveyance Court of Chancery Courts of Equity Courts of Law creditor debt debtor decree deed deemed defendant discovery doctrine Domat doubt edit entitled execution executor fact favor Fonbl fraud fraudulent grant relief ground heir held Hist Ibid ignorance intention Jeremy on Eq John Jones judgment juris Jurisd jurisdiction Jurisprudence justice land Lect legacy Lord Eldon Lord Hardwicke Lord Thurlow Madd marriage Mass matter ment mistake of law Mitf mortgage Mylne nature notice Pand party payment person plaintiff Pothier principle purchaser reason remedy rent Roman law rule Smith statute Sugden supra surety Swanst tenant testator tion transaction trust undue vendor Vern void Wooddes
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Страница 14 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Страница 389 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Страница 112 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Страница 18 - Jurisprudence may therefore properly be said to be that portion of remedial justice which is exclusively administered by a Court of Equity as contradistinguished from that portion of remedial justice which is exclusively administered by a Court of Common Law.
Страница 430 - The received construction in England at the time they are admitted to operate in this country, indeed to the time of our separation from the British Empire, may very properly be considered as accompanying the statutes themselves and forming an integral part of them. But however we may respect subsequent decisions, — and certainly they are entitled to great respect, — we do not admit their absolute authority.
Страница 222 - A seller is unquestionably liable to an action of deceit if he fraudulently represent the quality of the thing sold to be other than it is in some particulars which the buyer has not equal means with himself of knowing, or if he do so in such a manner as to induce the buyer to forbear making the inquiries which for his own security and advantage he would otherwise have made.
Страница 333 - Indeed, the proposition may be stated in a more general form, — that, if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act, when required by the surety, which his duty enjoins him to do, and the omission proves injurious to the surety ; in all such cases the latter will be discharged, and he may set up such conduct as a defence to any suit brought against him, if not at law, at all events in equity.
Страница 504 - The principle established in the case of Deering v. Lord Winchelsea, is universal, that the right and duty of contribution is founded in doctrines of equity. It does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors.
Страница 23 - It must be adequate ; for if at law it falls short of what a party is entitled to, that founds a jurisdiction in equity. And it must be complete ; that is, it must attain the full end and justice of the case. It must reach the whole mischief, and secure the whole right of the party in a perfect manner, at the present time and in the future, otherwise equity will interfere and give such relief and aid as the particular case may require.
Страница 401 - 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, incurnbrancc, or other circumstance affecting the property of which he had actual notice...