The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress, and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law and of the Course of Procedure in the Courts of Common Law in Regard to Civil Rights; with an Attempt to Trace Them to Their Sources; and in which the Various Alterations Made by the Legislature Down to the Present Day are Noticed, Volume 2

George Spence

Lea and Blanchard, 1850 - Equity

Contents

• PAGE: li
• 58: lvii
• 8991: lx
• 184: lxi
• 599: lxii
• 59: lxvi
• 95: lxix
• 652: lxxvi
• 935: lxxviii
• 98: lxxix
• 795: lxxxvi
• 389: lxxxix
• 60: xc
• 797: xciii
• PART THE THIRD: 73
• Exercised by Coercion of the Person when the Party found within: 75
• General Doctrines relating to Express Trusts: 88
• General view of the Doctrines of the Court of Chancery: 99
• General View of the Rights and Interests of the Cestui: 115
• Of Trusts created by Precatory and Recommendatory: 126
• Powers in the Nature of Trusts: 140
• THE DOCTRINE IN REGARD TO REMOTENESS: 148
• How far in a Series of Limitations those only may be avoided which: 149
• CHAPTER III: 177
• CHAPTER IV: 190
• 158: 202
• Diference in the Provisions of Mortmain and Thellusson: 207
• CHAPTER VI: 230
• Resulting Trusts arising on Purchases made with: 236
• Resulting Trusts in favor of the Heir and next of Kin: 254
• and the Heir Doctrine stated by Lord Eldon 1803 239: 255
• 800802: 269
• Trust Estates and Interests arising from the Maxim that: 278
• Where Stranger has performed the meritorious Act: 279
• 105: 307
• Miscellaneous Instances of Implied Presumptive Construc: 313
• At Common Law Specialty Creditors had no Lien on Land before: 328
• Estate 324: 339
• 106: 341
• Where there is a simple Charge the Real Estate can be applied only: 344
• 601604: 355
• Trust Deeds for Payment of Debts: 357
• Of Sales of Property Real and Personal under Trusts: 371
• Of the Obligation of the Purchaser to see to the Applica: 376
• Trustee cannot aliene to satisfy his Private Debtor: 377
• Of Portions: 392
• Court will not always interfere with an Appointment made by: 393
• 108: 414
• fixed all who shall be born within that period shall take: 418
• In the First Provision absolute in the Second settled on Child: 425
• Esposition by Lord Cottenham: 429
• Gift of so much of Residue as shall amount to a Certain Sum: 437
• 113: 460
• Gifts to Parents and others for the maintenance of Chil: 461
• As Tenants in Common: 469
• of some of the most usual Trusts of Real and Personal: 474
• 116: 525
• Bond given to remain in Force in the Event of Recon: 540
• Of the Doctrines as to Election Satisfaction and Perform: 585
• 118: 590
• Effect of Acquiescence and Laches: 591
• 607: 611
• 120: 617
• 121: 627
• Additional NoteStatutes relating to Usury: 642
• Doctrines of the Court of Chancery in regard to Proceeding: 659
• 123: 670
• Of the Remedies of the Mortgagee by Foreclosure: 672
• Recognition of Title by Mortgagor or Mortgagee: 673
• 20: 684
• General Rules applicable to this Subject: 695
• 22: 701
• 512: 703
• Persons necessary for effectuating the ultimate Decree 707: 709
• Doctrine of Tacking one Security or Debt to anotherand: 718
• Tacking and otherwise: 727
• General Requisites to enable a Person to tack: 735
• 24: 740
• Doctrine as to tacking a satisfied Judgment and Observation 740742: 745
• Of Notice Express and Constructiveand of Fraud: 754
• 561: 759
• 124: 768
• of the Relief in Equity in case of Mortgages of Stock: 770
• Additional Notes: 776
• 32: 779
• Depositee takes such Interest only as the Depositor: 780
• Deposit in the hands of a Third Person: 785
• Commonlaw Right of Lien: 803
• Of the Mode in which the Account is to be taken between: 810
• Not Maintenance to purchase an Interest which is the subject: 818
• Out of what Funds Mortgage Debts and Charges generally: 819
• Debts are Goods within the Stat 21 Jas I: 848
• The Court of Chancery binds the Property: 867
• 83: 868
• Any Conveyance shall have the same Effect on an Equitable Estate: 878
• Of the Merger of the Equitable in the Legal Estate: 880
• 559: 885
• Voluntary Contracts as affecting Equitable Estates: 888
• CHAPTER XI: 917
• VOL II: 955
• 817: 963

Popular passages

Page 695 - ... redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee or the person claiming through him...

Page 345 - The question is upon the intention, actual or presumed, of the person in whom the interests are united.

Page 696 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto or his agent...

Page 209 - That no person or persons shall after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...

Page 120 - For as a trust is an office necessary in the concerns between man and man, and which, if faithfully discharged, is attended with no small degree of trouble and anxiety, it is an act of great kindness in any one to accept it ; to add hazard or risk to that trouble, and...

Page 140 - ... trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the Court as evidence, that the mind of the testator was not to create a trust; and the difficulty, that would be imposed upon the Court to say what should be so applied, or to what objects, has been the foundation of the argument, that no trust was intended"; or, as Lord Eldon expresses it in another case, (a) 2 FM.JUD.

Page 212 - ... or during the minority or respective minorities only of any person or persons who under the...

Page 695 - WHEN a mortgagee shall have obtained the possession or receipt of the profits of any land or the receipt of any rent comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring any action or suit to redeem the mortgage but within twelve...

Page 279 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property, into which they are directed to be converted...

Page 130 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...

Bibliographic information

• Title: The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress, and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law and of the Course of Procedure in the ..., Volume 2; Issues 76054-76072 of 19th-century legal treatises; The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress, and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law and of the Course of Procedure in the Courts of Common Law in Regard to Civil Rights; with an Attempt to Trace Them to Their Sources; and in which the Various Alterations Made by the Legislature Down to the Present Day are Noticed, George Spence
• Author: George Spence
• Publisher: Lea and Blanchard, 1850