Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Том 32Soney & Sage, 1880 |
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Страница 5
... given to the law courts power on certiorari to inquire into and determine disputed questions of fact , and to reverse or affirm , in whole or only in part , according to the justice of the case . ( Rev. p . 99 § 9. ) And it has given to ...
... given to the law courts power on certiorari to inquire into and determine disputed questions of fact , and to reverse or affirm , in whole or only in part , according to the justice of the case . ( Rev. p . 99 § 9. ) And it has given to ...
Страница 37
... given to the mortgagee in her individual capacity , and not , as in this case , to executors and their successors forever . Sage appears to have had actual notice of the existence of the complainant's mortgage . Mr. Anderson swears that ...
... given to the mortgagee in her individual capacity , and not , as in this case , to executors and their successors forever . Sage appears to have had actual notice of the existence of the complainant's mortgage . Mr. Anderson swears that ...
Страница 38
... given by M. to A. and F. , partners , to secure them for goods sold and to be sold by them to M. After a dissolution of the firm , the mortgage was by delivery assigned to F. , as part of his share of the assets , and by an agreement ...
... given by M. to A. and F. , partners , to secure them for goods sold and to be sold by them to M. After a dissolution of the firm , the mortgage was by delivery assigned to F. , as part of his share of the assets , and by an agreement ...
Страница 39
... given by him to Akin and Ferry , in the penalty of $ 40,000 , and conditioned for the payment of $ 20,000 in one year , with interest . The bond and mortgage were in fact given as security to Akin and Ferry for money which Meckert then ...
... given by him to Akin and Ferry , in the penalty of $ 40,000 , and conditioned for the payment of $ 20,000 in one year , with interest . The bond and mortgage were in fact given as security to Akin and Ferry for money which Meckert then ...
Страница 50
... given him by the contract of April 15th , 1875 , and there appears to be no reason why his assignee should not be held to the agreement . In Faunce v . Burke such a provision was regarded as a provision for liquidated damages , and not ...
... given him by the contract of April 15th , 1875 , and there appears to be no reason why his assignee should not be held to the agreement . In Faunce v . Burke such a provision was regarded as a provision for liquidated damages , and not ...
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Чести термини и фразе
acres agreement alleged amount annuity answer appears assessment assignment Bank Beav bill bond and mortgage C. E. Gr chancellor claim Colt complainant complainant's consideration contract conveyance conveyed court court of chancery court of equity creditors Dayton death debt deceased declared decree deed defendant deposit divorce East Jersey encumbrance entitled equity evidence executed executors fact filed final hearing foreclosure fraud gage given Graham granted ground hearing on pleadings heirs held husband injunction insolvency intended interest invested Jersey City John judgment land legacy legatee Lehigh Valley liable lien marriage matter mechanics lien Melick ment Morgan G mort mortgage mortgaged premises mortgagor Newark owner paid parties payment person plainant proof purchase question railroad real estate received relief respondent Roswell L says Schenck share sold statute Stew suit testator's testatrix testimony thereof tion trust Vail Vreeland wife Williams
Популарни одломци
Страница 407 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Страница 308 - ... contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Страница 37 - And also, all the estate, right, title, interest, dower, and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances...
Страница 36 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances...
Страница 433 - This suit is brought under the act "to compel the determination of claims to real estate in certain cases, and to quiet the title to the same.
Страница 172 - A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed.
Страница 31 - It is clear that a person who seeks to rectify a deed upon the ground of mistake must be required to establish, in the clearest and most satisfactory manner, that the alleged intention to which he desires it to be made conformable continued concurrently in the minds of all parties down to the time of its execution, and also must be able to show exactly and precisely the form to which the deed ought to be brought.
Страница 223 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Страница 230 - When the demands of both parties spring out of the same contract or transaction, the defendant may recoup, although the damages on both sides are unliquidated ; but he can only set off when the demands of both parties are liquidated, or capable of being ascertained by calculation.
Страница 370 - ... faithfully and impartially to examine the matter in question and' to make a true" report according to the best of their skill and understanding...