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alleged answer applied assets assignment Bank benefit bill cestui que trust character charge chose in action claim Clark common law compel Conn contract conveyance Court of Chancery Court of equity creditors debts decree deed defendant demurrer Desau devise directed discovery doctrine documents effect enforced entitled equity of redemption evidence Ex'rs execution executor exists fact femes covert filed fraud fund gift Green ground Hare heir infant injunction intention interest interpleader interrogatories issue J. J. Marsh John Jones judgment jurisdiction land legacy liability litigation Lord lunatic matter ment Mitf Monr mortgage Munf notice object obtained ordinary original ownership Paige partner partnership party payment plaintiff plea pleaded possession principle purchase purpose real estate relief remedy respect resulting trust rule Smith specific performance statute Statute of Frauds suit tion Vict writ
Page 219 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, 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 or some other person thereunto...
Page lxxx - ACTIONS (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and...
Page 366 - The heir or expectant has been kept from disclosing his circumstances, and from resorting to them for advice, which might have tended to his relief and also reformation. This misleads the ancestor who has been seduced to leave his estate, not to his heir or family, but to a set of artful persons who have divided the spoils beforehand.
Page 384 - ... 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 27 - A TREATISE on the law of executors and administrators, generally in use in the United States ; and : adapted more particularly to the practice of Virginia.
Page 727 - Where a decree has been so obtained, the Court will restore the parties to their former situation, whatever their rights may be.
Page 132 - 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 267 - ... shall neglect or refuse to convey such land for the space of twenty-eight days, next after a proper deed for making such conveyance shall have been tendered for his execution by, or by an agent duly authorized by, any person entitled to require the same...
Page 138 - ... act or operation of law then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if the statute had not been made (s.