Commentaries on Equity Jurisprudence: As Administered in England and America, Volum 1Little, Brown,, 1873 |
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9 Ves Abridg administration agreement applied assets Beavan bill bond causâ Chan chancellor circumstances cited civil law Comm common law consideration contract conveyance court of chancery courts of equity courts of law creditors debt debtor decree deed defective defendant discovery doctrine Domat edit enforce entitled equity jurisdiction execution executor fact favor fide Fonbl fraud fraudulent grant relief ground heir held Hist Ibid intention interfere Jeremy on Eq Johns judgment juris Jurisd jurisprudence justice land Lect legacy legatee Lord Eldon Lord Hardwicke Lord Thurlow marriage matters ment mistake of law mortgage nature notice party payment personal estate plaintiff Pothier principle purchaser reason Roman law rule seems statute Sugden suit surety Swanst tenant testator tion transaction trust undue vendor Vern void Wooddes
Passatges populars
Pàgina 400 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Pàgina 803 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Pàgina 16 - Equity is a roguish thing; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity.
Pàgina 269 - ... bring an action to recover such land or rent, shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.
Pàgina 19 - Equity jurisprudence may, therefore, properly be said to be that portion of remedial justice, which is exclusively administered by a court of equity, as contradistinguished from that portion of remedial justice, which is exclusively administered by a court of common law.
Pàgina 442 - The received construction in England at the time they are admitted to operate in this country, indeed to the time of our separation from the British Empire, may very properly be considered as accompanying the statutes themselves and forming an integral part of them. But however we may respect subsequent decisions, — and certainly they are entitled to great respect, — we do not admit their absolute authority.
Pàgina 199 - It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other...
Pàgina 26 - It must reach the whole mischief, and secure the whole right of the party in a perfect manner, at the present time and in future; otherwise equity will interfere and give such relief and aid as the exigency of the particular case may require.
Pàgina 222 - If an estate is offered for sale and I treat for it knowing that there is a mine under it and the other party makes no inquiry I am not bound to give him any information of it; he acts for himself and exercises his own sense and knowledge. But a very little is sufficient to affect the application of that principle. If a word, if a single word, be dropped which tends to mislead the vendor, that principle will not be allowed to operate.
Pàgina 210 - In the next place, the misrepresentation must not only be in something material, but it must be in something in regard to which the one party places a known trust and confidence in the...