Reports of Cases Argued and Determined in the High Court of Chancery, Volum 1J. Butterworth, 1803 - 875 pàgines |
Frases i termes més freqüents
affets afterwards againſt alfo amend annuities anſwer applied Attorney becauſe bond cafe caſe caufe cauſe cofts commiffion confideration coſts Counſel courſe Court creditors death debts decree deeds defendant depofitions devifed deviſed difmiffed diſcharged Earl Earl Edward equity eſtabliſh et ux executed executor faid fame fatisfaction fecurity fendant fequeftration ferved fettled fettlement fhall fhew fhould figned filed a bill firſt fome ftatute fubpoena fuch fufficient fuit hath heir at law himſelf huſband iffue infant infifted injunction intereft John Hind July lands legacies Lord Camden Lord Chancellor Lord Hardwicke Lord Northington Lordship Mafter marriage mortgage muſt ne exeat opinion paid parties payment perfonal eftate plaintiff poffeffion prefent premiſes purchaſe purpoſe queſtion reafon real eſtate refidue refpect remainder ſaid Sir John Sir Thomas Clarke ſtand ſtated teftator's tenant theſe Thomas Sewel timber truft truſtees uſe wafte waſte wife witneffes writ
Passatges populars
Pàgina 273 - when any of the parties are to be at liberty to apply to this Court, as they
Pàgina 191 - and not to break in upon the right of the tenant for life to receive the rents, and profits, they might, undoubtedly, by force of this truft, have their remedy here. As they may do this, I am clearly of opinion, that they may bring a bill for an injunction to
Pàgina 186 - for life ; remainder to his firft, and every other fon in tail, with remainders over ; in all thofe cafes no eftate at all is left in the feoffees, but the whole eftate is diverted, and drawn out of them by the
Pàgina 187 - It muft be obferved, that one thing which weighed much with the majority of the Judges to be of opinion for leaving a right of entry in the feoffees to preferve the contingent ufes, was their fear of perpetuities, and of having
Pàgina 207 - of the remainder, which was in him by the will, and gained a new ufe. That this might have been a bar to a proper action of wafte at law for wafte done precedent; and, by parity of reafon, ought to take away his remedy in this Court.
Pàgina 278 - the bill was retained for twelve months, with liberty for the plaintiff, to bring an action of ejectment, in order to try the right to the lands. The plaintiff afterwards coming to the knowledge of the fine, re-heard the
Pàgina 210 - out of the lands: The defendant Biggs was executor of the tenant : And the bill was brought for a fatisfa&ion of the arrears of rent incurred in his teftator's life-time, and fuggefted that the College did not know the lands out of which the rents were
Pàgina 187 - part of the Judges. Others of the Judges were of opinion, that there was not only no eftate left in the feoffees, but no power, or right to enter, nor any thing to do with the land ; but that they were at
Pàgina 211 - poffefled himfelf of divers goods of the debtor, and made the defendant executor, and died: And to this replication the defendant demurred. Judgment was given for the plaintiff in the Court of Exchequer, but reverfed in the Exchequer Chamber : for an executor of an executor
Pàgina 215 - growth of timber. But there being no proof, it does not appear, what was the condition of the timber; whether by the time the plaintiff's father died, in 1727, it might not have been decayed, and of little value ; what might have been