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4th Eng Alab Allen Appeal applied assertion assignment Barr Beav benefit bill C. E. Green cestui qui trust chancellor charitable choses in action common law Conn consideration considered Constructive Trusts contract conveyance court of chancery court of equity created creditors cy pres doctrine debt debtor decree deed doctrine election enforced England entitled equitable remedy equitable title estoppel execution executor exercise exist favor feme covert Fraud and Mistake fraudulent gift H. L. Cas Hamp heir held Hill on Trustees husband injunction intention interest Johns jurisdiction Kerr on Fraud land Lead legal title liable lien Lord Maryl matter ment mortgage mortgagor notice P. F. Sm party payment Perry on Trusts person personalty purchase-money purchaser purpose real estate relief restrain resulting trust rule settlement settlor Smith specific performance statute statute of frauds subrogation surety tion transaction vendor Verm Watts wife
Page 72 - All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 133 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 370 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Page 91 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold ; whether taken in the names of the purchaser and others jointly, .. or in the names of others without that of the purchaser; whether in one name or several ; whether jointly or successive, results to the man who advances the purchase money.
Page 93 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law...
Page 262 - ... or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incumbrance, or other circumstance affecting the property of which he had actual notice...
Page 428 - ... 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.
Page 15 - High Court of Justice shall be constituted as follows: -The first Judges thereof shall be the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron...
Page 506 - ... fraud or imminent danger, if the intermediate possession should not be taken by the court, must be clearly proved; and (5) that, unless the necessity be of the most stringent character, the court will not appoint until the defendant is first heard in response to the application.