Illustrative Cases on Equity JurisprudenceWest publishing Company, 1923 - 611 страница |
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... according to the whole law of the land , applicable to the case , the plaintiff makes out the right which he seeks to establish , or the defendant shows that the plaintiff ought not to have the relief sought for . As the court , upon ...
... according to the whole law of the land , applicable to the case , the plaintiff makes out the right which he seeks to establish , or the defendant shows that the plaintiff ought not to have the relief sought for . As the court , upon ...
Страница 25
... According to the averments of the paragraph of complaint under consideration Mosier had fully paid the note therein described , but that Fitzmaurice had , upon demand , refused to surrender it for can- cellation , and continued in ...
... According to the averments of the paragraph of complaint under consideration Mosier had fully paid the note therein described , but that Fitzmaurice had , upon demand , refused to surrender it for can- cellation , and continued in ...
Страница 37
... according to Judge Andrews ' opinion in the Cogswell Case , supra , would not be an action for a nuisance directed by the Code to be tried by jury . But the judge who delivered the opinion of the majority RETENTION OF JURISDICTION TO ...
... according to Judge Andrews ' opinion in the Cogswell Case , supra , would not be an action for a nuisance directed by the Code to be tried by jury . But the judge who delivered the opinion of the majority RETENTION OF JURISDICTION TO ...
Страница 42
... according to those rules and forms which have been established for the protection of private rights . " Id . In the New England States it is held that a judgment obtained against a town may be levied upon and made out of the property of ...
... according to those rules and forms which have been established for the protection of private rights . " Id . In the New England States it is held that a judgment obtained against a town may be levied upon and made out of the property of ...
Страница 49
... according to the nature , extent , and character of the liability , when ascertained by proof . It is objected that the mortgagees had no right to sell the corn ad- vertised , under the power of sale contained in the mortgage deed , for ...
... according to the nature , extent , and character of the liability , when ascertained by proof . It is objected that the mortgagees had no right to sell the corn ad- vertised , under the power of sale contained in the mortgage deed , for ...
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Чести термини и фразе
action actual notice ademption affirmed agreement alleged appeal appellee applied assignment authority bill bona fide purchaser cestui que trust chancellor circuit court circumstances cited claim complainant constructive notice contract conveyance conveyed court of chancery court of equity creditors Cronise damages debt declared decree deed defendant devise discussion of principles doctrine dower Eaton on Equity effect election enforce entitled equitable estoppel Equity 2d estopped estoppel evidence executed executors fact fraud fraudulent ground heir at law held husband injunction intention interest judgment jurisdiction jury justice La Porte county land lease legacy lien Lord marriage ment mistake mistake of law mortgage N. J. Eq opinion paid party payment Penn plaintiff possession premises provision purchase money purpose question quitclaim deed real estate reason relief remedy representation resulting trust rule says sold statute suit Supreme Court testator's tion transaction trial wife
Популарни одломци
Страница 547 - ... attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do...
Страница 302 - ... (Gibson v. Jeyes, 6 Ves. 278.) It was said by Sir Samuel Romilly, in his argument in Huguenin v. Baseley, 14 Ves. 300, that "the relief stands upon a general principle applying to all the variety of relations in which dominion may be exercised by one person over another," — a principle which was afterwards affirmed by Lord Cottenham in Dent v.
Страница 323 - ... for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Страница 75 - Nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Страница 547 - ... withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto ; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States.
Страница 274 - The question in this case is, whether the intelligence of extrinsic circumstances, which might influence the price of the commodity, and which was exclusively within the knowledge of the vendee, ought to have been communicated by him to the vendor? The court is of opinion, that he was not bound to communicate it. It would be difficult to circumscribe the contrary doctrine within proper limits, where the means of intelligence are equally accessible to both parties. But at the same time, each party...
Страница 160 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Страница 350 - Case, 41 defined a charitable or pious gift to be 'whatever is given for the love of God, or for the love of your neighbor, in the catholic and universal sense, — given from these motives and to these ends, — free from the stain or taint of every consideration that is personal, private, or selfish.
Страница 130 - It is scarcely correct to speak of lis pendens as affecting a purchaser through the doctrine of notice, though undoubtedly the language of the Courts often so describes its operation. It affects him not because it amounts to notice, but because the law does not allow litigant parties to give to others, pending the litigation, rights to the property in dispute, so as to prejudice the opposite party.
Страница 251 - The first is, that where an instrument is drawn and executed, which professes, or is intended, to carry into execution an agreement, whether in writing or by parol, previously entered into, but which, by mistake of the draftsman, either as to fact or law, does not fulfill, 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.