Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Том 30Soney & Sage, 1879 |
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Страница 2
... ground of surprise and merits . The respondents aver that the advertisement of the sale was insufficient because the sheriff therein stated that the premises were " seized as the property of William Lott et ux . et al . , and taken in ...
... ground of surprise and merits . The respondents aver that the advertisement of the sale was insufficient because the sheriff therein stated that the premises were " seized as the property of William Lott et ux . et al . , and taken in ...
Страница 8
... , and to have charged com- pound interest . Clearly , there is no ground for this claim of compound interest . It is based on the allegation that Barnes v . Taylor . Dr. Taylor was a trustee 8 [ 30 EQ . CASES IN CHANCERY .
... , and to have charged com- pound interest . Clearly , there is no ground for this claim of compound interest . It is based on the allegation that Barnes v . Taylor . Dr. Taylor was a trustee 8 [ 30 EQ . CASES IN CHANCERY .
Страница 10
... ground that the master has reported that the property cannot be divided without great prejudice to the owners , and they agree that it can be divided into the requisite number of shares without prejudice . The defendants except on the ...
... ground that the master has reported that the property cannot be divided without great prejudice to the owners , and they agree that it can be divided into the requisite number of shares without prejudice . The defendants except on the ...
Страница 16
... ground of defence in a suit for specific per- formance . Fry on Spec . Perf . § 658 . In this case the defendants are willing to perform their part of the contract if they can lawfully do so . They have never refused to issue their ...
... ground of defence in a suit for specific per- formance . Fry on Spec . Perf . § 658 . In this case the defendants are willing to perform their part of the contract if they can lawfully do so . They have never refused to issue their ...
Страница 27
... ground for it . In the former case the court said : " The defendant offers no excuse for his default , not even that of negligence , or of his inability to raise the money at the day . For anything appearing to the contrary , the ...
... ground for it . In the former case the court said : " The defendant offers no excuse for his default , not even that of negligence , or of his inability to raise the money at the day . For anything appearing to the contrary , the ...
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agreement alleged amount answer appears applied assessment assignment Bank benefit bill bond Butler C. E. Gr canal cestui que trust chancellor charter claim common law complainant complainant's contract conveyance conveyed corporation Cortlandt Parker court court of chancery court of equity creditors death debt debtor declared decree deed defendant demurrer Dringer encumbrances entitled equity evidence execution executors fact filed final hearing foreclosure fraud fund gage given Hardenburgh held husband injunction insolvent interest Jersey City judgment judgment debtor land latter Lehigh Valley R. R. liable lien ment Morris Canal mort mortgaged premises mortgagor owner paid Paige parties Pasman payment person petitioner plainant possession proof purchase purchase-money question receiver relief residuary estate says society sold solicitor statute Stew suit taxes Taylor testator testator's testimony thereof tion trust usury vice-chancellor Watson wife
Популарни одломци
Страница 332 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Страница 161 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Страница 634 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Страница 637 - Where a trust is created to receive the rents and profits of lands, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education, and support of the person for whose benefit the trust is created...
Страница 549 - Perhaps the cases may all be reconciled on the general principle, that the exercise of this power is to be regulated by sound discretion, as the circumstances of the individual case may dictate ; and that the resort to equity, to be sustained, must be expedient, either because the instrument is liable to abuse from its negotiable nature, or because the defense not...
Страница 315 - That the common law of England, as well as so much of the statute law, as have been heretofore practised in this Colony, shall still remain in force, until they shall be altered by a future law of the Legislature; such parts only excepted, as are repugnant to the rights and privileges contained in this Charter...
Страница 636 - That the Commissioners shall assign to the Assignees, for the Benefit of the Creditors of the Bankrupt, all the present and future Personal Estate of such Bankrupt wheresoever the same may be found or known...
Страница 537 - This suit is brought under the act "to compel the determination of claims to real estate in certain cases, and to quiet the title to the same.
Страница 477 - ... of the capital stock so fixed and limited by the company, shall make a certificate, stating the amount of the capital so fixed and paid in in cash ; which...
Страница 581 - And Sir Thomas Plumer, MR, in SkrymsJier v. Northcote, 1 Swans. 566, 570, said : " It seems clear, on the authorities, that a part of the residue, of which the disposition fails, will not accrue in augmentation of the remaining parts as a residue of residue ; but, instead of resuming the nature of residue, devolves as indisposed of.