Cases Argued and Decreed in the High Court of Chancery [1660-1697]. (Google eBook)

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O. Halsted., 1828 - Equity
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Page 505 - And, generally, it may be stated as a rule on this subject, that where a purchaser cannot make out a title but by a deed, which leads him to another fact, he shall be presumed to have knowledge of that fact.
Page 561 - Now the ultimum quod sit, or the utmost limitation of a fee upon a fee, is not yet plainly determined, but it will be soon found out, if men shall set their wits on work to contrive by contingencies, to do that which the law has so long labored against, the thing will make itself evident, where it is inconvenient, and God forbid, but that mischief should be obviated and prevented.
Page 28 - A mortgage was forfeited; the mortgagor afterwards meeting the mortgagee, said, "I have moneys; now I will come and redeem the mortgage." The mortgagee said to him he would hold the mortgaged premises as long as he could; and then when he could hold them no longer, let the devil take them if he would.
Page 205 - England are given to the Lord Chancellor or the Lord Keeper of the great seal of England...
Page 562 - God forbid, but that mischief should be obviated and prevented. I have done with the legal reasons of the case : it is fit for us here a little to observe the equitable reasons of it ; and I think this deed is good both in law and equity ; and the equity in this case is much stronger, and ought to sway a man very much to incline to the making good this settlement if he can. For, 1. It was prudence in the earl to take care, that when the honor descended upon Henry, a little better support should be...
Page 561 - ... issue, then to his issue; but if he die without issue, living the father or mother, then the remainder to Edward in tail. John did die without issue, in the lifetime of the father and mother, and the question was, whether Edward should take this remainder after their death? and it was resolved by my Lord Keeper...
Page 632 - ... attempted to make use of the same Evidence, and read it all, or at least the greatest Part of it, as Evidence of Surprize and Circumvention . . . " Now, for this word (Surprize) it is a Word of a general Signification, so general and so uncertain, that it is impossible to fix it ; a Man is...
Page 571 - I have not taken all this time to consider of it, but with very great willingness to change it, if it were possible. I have as fair and as justifiable an opportunity to follow my own inclinations (if it be lawful for a judge to say he has any) as I could desire; for I cannot concur with the three chief judges, and make a decree that would be unexceptionable : but it is my decree, I must be saved by my own faith, and must not decree against my own conscience and reason.
Page 573 - Westminster-Hall stands ? where will you stop if you do not stop here? I will tell you where I will stop: I will stop wherever any visible inconvenience doth appear ; for the just bounds of a fee-simple upon a fee-simple are not yet determined, but the first inconvenience that ariseth upon it will regulate it.
Page 553 - ... indentures ; how this family was to be provided for, and the whole estate governed for the time to come. These indentures are both sealed and delivered in the presence of Sir Orlando Bridgman, Mr. Edward Alehorn, and Mr. John Alehorn, both of them my Lord Keeper Bridgman's clerks ; I knew them to be so. This attestation of these deeds is a demonstration to me they were drawn by Sir Orlando Bridgman.

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