Reports of Cases Decided in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, Том 3MacCrellish & Quigley, 1879 |
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Страница 4
... evidence of intention to the contrary ) to let in children subsequently coming into existence before the period of distribution . Where , therefore , there is a postponement of the payment of the legacy until a period subsequent to the ...
... evidence of intention to the contrary ) to let in children subsequently coming into existence before the period of distribution . Where , therefore , there is a postponement of the payment of the legacy until a period subsequent to the ...
Страница 10
... evidence used before the chancellor on the hearing of this cause , as to the proper description of the land and premises in the bill mentioned , and of which William Smith died seized , not covered by the Cadwallader mortgage or by the ...
... evidence used before the chancellor on the hearing of this cause , as to the proper description of the land and premises in the bill mentioned , and of which William Smith died seized , not covered by the Cadwallader mortgage or by the ...
Страница 11
... evidence ; that a survey of the property should have been made , and the result laid before the master as evi- dence . I cannot , from anything that appears , adjudge that a survey was necessary . The exception will be overruled . The ...
... evidence ; that a survey of the property should have been made , and the result laid before the master as evi- dence . I cannot , from anything that appears , adjudge that a survey was necessary . The exception will be overruled . The ...
Страница 22
... evidence taken under the order to show cause , granted on filing the petition , that the price which was agreed upon for the land and damages is about three times as much as ought to have been awarded by commissioners or a jury . The ...
... evidence taken under the order to show cause , granted on filing the petition , that the price which was agreed upon for the land and damages is about three times as much as ought to have been awarded by commissioners or a jury . The ...
Страница 24
... evidence is clear that the assumption in the deed to Michael Forestil was inserted without the knowledge of either the grantor or the grantee ; that its appearance in the deed is due to the circumstance that the deed was copied , by a ...
... evidence is clear that the assumption in the deed to Michael Forestil was inserted without the knowledge of either the grantor or the grantee ; that its appearance in the deed is due to the circumstance that the deed was copied , by a ...
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Чести термини и фразе
according action admitted agreement alleged amount answer appears applied assessment assignment authority Bank benefit bill bond Brown C. E. Gr canal cause chancellor charged claim complainant complainant's consideration contract conveyance conveyed corporation costs court creditors death debt debtor decree deed defendant directed effect entitled equity established evidence execution executors existence expressed fact filed fund further gave give given ground hands hearing held husband interest Jersey John judgment land latter lien ment mortgage necessary notice obtained owner paid parties payment person possession premises present proceedings proofs purchase question reason receiver reference regard relief respect rule says share signed society sold statute suit taken testimony thereof tion took trust wife witness
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Страница 334 - 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 163 - 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 656 - ... 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 659 - 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 165 - ... are at liberty to reject it; for that were to set the judicial power above that of the legislature, which would be subversive of all government. But where some collateral matter arises out of the general words, and happens to be unreasonable, there the judges are in decency to conclude that this consequence was not foreseen by the parliament, and therefore they are at liberty to expound the statute by equity, and only quoad hoc disregard it.
Страница 317 - 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 567 - 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 arising on its face, may be difficult, or uncertain at law, or from some other special circumstances peculiar to the case, and rendering...
Страница 317 - Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Страница 658 - 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 479 - ... 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...