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abide the event affidavit affirmed with costs alimony allowed amended answer appealed from affirmed appealed from reversed appellant application appointment assignment Bank cause chancellor decided charge circuit claim complainant corporation counsel COURT OF CHANCERY creditor's bill creditors cree debt debtor decision Decree appealed Decretal order defendant defendant's demurrer directed discharge dissolve entitled Ex'rs examination execution executors fees feme covert fendant filed foreclosure granted guardian ad litem husband injunction interest issue John judgment judgment debtor letters testamentary lunatic M. T. Reynolds master master's report mortgaged premises mortgagor motion necessary New-York notice nunc pro tunc O. L. Barbour obtained Order appealed overruled paid party payment personal estate petition petitioner plainant plea proceedings remitted proper real estate receiver respondent revised statutes Rhoades SARATOGA SENTINEL Saratoga Springs Stevens suit sureties surrogate taxable taxed terms held testator thereof tion trust usury vice chancellor affirmed wife
Page 68 - ... direct the person to whom it is referred to take proof of the facts and circumstances stated in the complaint, and to examine the plaintiff or his agent on oath, as to any payments which have been made, and to compute the amount due on the mortgage, preparatory to the application for judgment of foreclosure and sale.
Page 29 - I am not aware of any case in which an heir at law of a testator, or a devisee, who claims a mere legal estate in the real property, where there was no trust, has been allowed to come into a court of equity for the mere purpose of obtaining a judicial construction of the provisions of the will.
Page 54 - Any occupant or person in possession of the premises at the time of the commencement of the foreclosure is also indispensable, no matter how or under what circumstances he came into possession.
Page 81 - But the court proceeds upon the ground that the complainant has a valuable interest in the good will of his trade or business ; and that having appropriated to himself a particular label, or sign, or trade-mark, indicating to those who wish to give him their patronage that the article is manfactured or sold by him...
Page 52 - ... and this rule applies to trustees. But it is only when the receiver is acting adversely to one of the parties that there is any impropriety in his employing the counsel of the other.
Page 35 - That complainant have such other and further relief In the premIses as to the court may seem just and proper.
Page 34 - For any contempt specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged ; and 4. That the time during which such party may be legally detained has not expired.
Page 56 - The adverse party * * * means the party whose interest in relation to the subject of the appeal is in conflict with the reversal of the order or decree appealed from, or the modification sought for by the appeal :
Page 1 - The executor or administrator may require satisfactory vouchers in support of any claim presented and the affidavit of the claimant that the claim is justly due, that no payments have been made thereon, and that there are no offsets against the same, to the knowledge of the claimant.