Reports of Cases Decided in the High Court of Chancery of Maryland: Containing Cases from the Year 1847 to [1854].J. W. Woods, 1851 |
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Reports of Cases Decided in the High Court of Chancery of Maryland John Johnson,Maryland High Court of Chancery Приказ није доступан - 2015 |
Reports of Cases Decided in the High Court of Chancery of Maryland John Johnson,Maryland High Court of Chancery Приказ није доступан - 2015 |
Reports of Cases Decided in the High Court of Chancery of Maryland John Johnson,Maryland High Court of Chancery Приказ није доступан - 2015 |
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agreement alleged amount Anne Arundel county answer appeal was taken application appointed assignment Auditor authority Baltimore Baltimore County bank benefit bond Chancellor chancery charged Charlotte Henry circumstances claim complainant complainant's consideration contract conveyance conveyed County Court Court of Appeals Court of Chancery court of equity coverture creditors death debtor deceased decree deed defendant denied devise dower entitled evidence execution executor fact Freeborn G ground Hayes heirs husband injunction insolvent laws intention interest judgment land lien ment mortgage objection opinion paid parol parties partners partnership passed payment personal estate petition plainant plaintiff possession prayed proceedings proceeds of sale proof purchase money purpose Putney question real estate received recover regard relief rents and profits sell settlement sold specific performance statute of frauds thereof Thomas Baltzell tion transfer trustee unless usury widow wife William
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Страница 252 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Страница 248 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Страница 510 - It may be so under certain circumstances ; but the mere fact of being in debt to a small "mount, would not make the deed fraudulent, if it could be shown, that the grantor was in prosperous circumstances, and unembarrassed, and that the gift to the child was a reasonable provision according to his state and condition in life, and leaving enough for the payment of the debts of the grantor. The...
Страница 509 - The conclusion to be drawn from the cases is, that if the party be indebted at the time of the voluntary settlement, it is presumed to be fraudulent in respect to such debts, and no circumstance will permit those debts to be affected by the settlement, or repel the legal presumption of fraud.
Страница 15 - ... not, indeed, of arbitrary and capricious discretion, dependent upon the mere pleasure of the Judge, but of that sound and reasonable discretion which governs itself as far as it may by general rules and principles ; but at the same time which withholds or grants relief, according to the circumstances of each particular case, when these rules and principles will not furnish any exact measure of justice between the parties.
Страница 250 - Independent of that instrument, and of any express restriction in the Constitution of the State, there is a fundamental principle of right and justice, inherent in the nature and spirit of the social compact...
Страница 532 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Страница 112 - We have already seen, that'the specific execution of a contract in equity is a matter, not of absolute right in the party, but of sound discretion in the court.
Страница 244 - It is well settled that if a party sets up part performance to take a parol agreement out of the statute, he must show acts unequivocally referring to and resulting from that agreement ; such as the party would not have done unless on account of that very agreement and with a direct view to its performance ; and the agreement set up must appear to be the same with the one partly performed. There must be no equivocation or 'uncertainty in the case.
Страница 382 - The court is bound to give effect to every word of a will without change or rejection, provided an effect can be given to it not inconsistent with the general intent of the whole will taken together...