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acres admits affidavit agreement alleged amendments amount answer appear applied appointment assignment Attorney-General authority avers Bank of Michigan Beaubien Burtch Catharine cause chancellor CHANCELLOR.—The charged Charles Wheeler city of Detroit claim co-partnership commenced commissioners complainant complainant's confesso contract convey conveyance court of chancery court of equity creditor's bill creditors debts decree deed defendant demurrer denied Disbrow Doty Elmore entitled execution facts filed firm granted ground heirs Hicks Hogge Ingersoll injunction insolvent interest Johns Jones judgment jurisdiction Justus Kirby land liabilities Louis Beaubien Mack ment Millerd mortgage motion to dissolve Nehemiah notes notice paid Paige partner partnership effects party payment plainant plea possession prayed premises proceedings provisions purpose question Ramsdell receiver relief remedy at law rule sold solicitor specific performance statute of frauds suit sustained Territory of Michigan testimony thereof Thompson tion trust void
Page 185 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 91 - ... such as the party would not have done unless on account of that very agreement, and with a direct view to its performance ; and the agreement set up must appear to be the same with the other partly performed. There must be no equivocation or uncertainty in the case.
Page 258 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 117 - that every deed conveying real estate which, by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage...
Page 35 - These policies are not insurances of the specific things mentioned to be insured, nor do such insurances attach on the realty, or in any manner go with the same as an incident thereto, by any conveyance or assignment, but they are only special agreements with the persons insuring against such loss or damages as they may sustain.
Page 244 - Nothing can call forth this court into activity but conscience, good faith and reasonable diligence. When these are wanting the court is passive and does nothing.
Page 451 - It is well settled that if a party sets up part performance to take a parol agreement out of the statute, he must show acts unequivocally referring to and resulting from that agreement ; such as the party would not have done unless on account of that very agreement and with a direct view to its performance ; and the agreement set up must appear to be the same with the one partly performed. There must be no equivocation or 'uncertainty in the case.
Page 322 - Chancery will not relieve against a judgment at law, on the ground of its being contrary to equity, unless the defendant in the judgment was ignorant of the fact in question pending the suit, or it could not have been received as a...
Page 324 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration as the remedy in equity.