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 20
... present at the whole trans- action , and heard all that was said , ) about the consideration of the mortgage . And , again , he says that the question of consideration was not brought up , to the best of his recol- lection . According ...
... present at the whole trans- action , and heard all that was said , ) about the consideration of the mortgage . And , again , he says that the question of consideration was not brought up , to the best of his recol- lection . According ...
Страница 38
... present seems to be , says Judge Redfield , that the mere fact that the avails of real estate , after it is converted into money , is directed to go in such a direction that it will have to pass through the hands of the executor in the ...
... present seems to be , says Judge Redfield , that the mere fact that the avails of real estate , after it is converted into money , is directed to go in such a direction that it will have to pass through the hands of the executor in the ...
Страница 41
... present . When the petitioners bought the part of the property which was conveyed to them , it was subject to the mortgage , but the rest of the property remained in the hands of Walker , and , as between him and them , that part so ...
... present . When the petitioners bought the part of the property which was conveyed to them , it was subject to the mortgage , but the rest of the property remained in the hands of Walker , and , as between him and them , that part so ...
Страница 65
... present , and the apprehensions which had been excited in him there , he signed the instruments ; and that he was then too feeble to write his name , and was therefore directed to sign with his mark , which he did accordingly . It ...
... present , and the apprehensions which had been excited in him there , he signed the instruments ; and that he was then too feeble to write his name , and was therefore directed to sign with his mark , which he did accordingly . It ...
Страница 84
... present when Charles F. Partridge said substantially the same thing to him . The fact appears to be that Charles Partridge not only did not sell the mortgaged premises for $ 25 an acre , but did not sell them at all . He swears , indeed ...
... present when Charles F. Partridge said substantially the same thing to him . The fact appears to be that Charles Partridge not only did not sell the mortgaged premises for $ 25 an acre , but did not sell them at all . He swears , indeed ...
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Чести термини и фразе
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 court court of chancery court of equity creditors death debt debtor deceased declared decree deed defendant demurrer Dringer entitled equity evidence execution executors fact filed final hearing foreclosure fraud fund gage given Hardenburgh held husband injunction insolvent interest Jersey City John judgment judgment debtor land latter legacy Lehigh Valley R. R. liable lien ment Morris Canal mort mortgaged premises mortgagor owner paid Paige parties Pasman payment person petitioner plainant possession proofs purchase purchase-money real estate receiver relief rents residuary estate says society sold statute Stew suit taxes Taylor testator testator's testimony thereof tion trust usury vice-chancellor wife
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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...