Illustrative Cases on Equity JurisprudenceWest publishing Company, 1923 - 611 страница |
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Страница 7
... sufficient . But where the ordinary remedies have become inadequate to deal with more extended or peculiar in- terests , such as multiply in all civilized countries , different methods and different tribunals become necessary . The ...
... sufficient . But where the ordinary remedies have become inadequate to deal with more extended or peculiar in- terests , such as multiply in all civilized countries , different methods and different tribunals become necessary . The ...
Страница 37
... sufficient ma- terials before it , retain the suit in order to do complete justice between the parties and to prevent useless litigation and expense . " That case was upon a bill for specific relief , and to restrain an action at law ...
... sufficient ma- terials before it , retain the suit in order to do complete justice between the parties and to prevent useless litigation and expense . " That case was upon a bill for specific relief , and to restrain an action at law ...
Страница 56
... the one to the other , on the mere ground of priority of time , until it finds upon an examination of their relative merits that there is no other sufficient ming ground of preference between them , or , in other 56 MAXIMS.
... the one to the other , on the mere ground of priority of time , until it finds upon an examination of their relative merits that there is no other sufficient ming ground of preference between them , or , in other 56 MAXIMS.
Страница 57
... sufficient ground for holding that the equitable mortgagee has the better equity . So far , then , as relates to the nature and quality of the two equitable interests abstractedly considered , they seem to me to stand on an equal ...
... sufficient ground for holding that the equitable mortgagee has the better equity . So far , then , as relates to the nature and quality of the two equitable interests abstractedly considered , they seem to me to stand on an equal ...
Страница 60
... sufficient valuable consideration . Upon a comparison then of the conduct of the two parties , and a consideration of all the circumstances of the case , and especially the fact of the possession of the deeds , which the mortgagee ...
... sufficient valuable consideration . Upon a comparison then of the conduct of the two parties , and a consideration of all the circumstances of the case , and especially the fact of the possession of the deeds , which the mortgagee ...
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Чести термини и фразе
action ademption affirmed agreement alleged amount appeal appellee applied assignment authority bill bona fide purchaser bond cestui que trust chancellor chancery circuit court circumstances cited claim complainant contract conveyance conveyed court of chancery court of equity creditors damages debt decision declared decree deed defendant defendant's devise discussion of principles doctrine dower Eaton on Equity enforce entitled equitable estoppel Equity 2d estoppel evidence executed executors fact fraud fraudulent ground heir at law held husband injunction intention interest judge judgment jurisdiction jury Justice land lease legacy lien Lord Lord Eldon marriage ment mistake mistake of law mortgage N. J. Eq opinion paid parties payment person plaintiff possession premises purchase money purpose question quitclaim deed real estate reason relief remedy representation resulting trust rule says sold specific performance statute suit Supreme Court 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.