Reports of Cases Argued and Determined in the High Court of Chancery: In the Time of Lord Chancellor Eldon, Volume 2

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W. Clarke and Sons, law booksellers, 1818 - Equity
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Page 122 - That the complainant's said bill of complaint, in case the same were true, which this defendant does in nowise admit, contains not any matter of equity whereon this court can ground any decree or give the complainant any relief or assistance as against this defendant.
Page 284 - Earle, having in 1695 entered into a contract with the plaintiff, a builder, died in 1697, before the work had proceeded far, when the debt could not have been more than two years old, having by his will charged his real estate with the payment of his debts. That charge creating a trust for the creditors when the time had commenced, but before the statute could operate, was clearly within Lord Redesdale's principle: besides that, the defendant Welby, who was the executor and devisee, is stated in...
Page 219 - To this Bill the Defendant put in a general Demurrer for want of Equity. Mr.
Page 87 - Bache to hold to them for and during their natural lives, and the life of the longest liver of them, and from and after the decease of the survivor of them...
Page 60 - Plaintiff expressly on the Ground, that for this Purpose the Auctioneer is the Agent of both Parties ; who are therefore bound by the Memorandum of the Sale, made by him. That Decision, it was contended, embraced every Question between the Parties. Mr.
Page 64 - Ves. 257, where the rents and profits of leasehold estate were to go to the persons, entitled to the rents of the freehold and copyhold estates, but with a power to the trustees at any time with consent of the persons so entitled, or, if minors> at their own discretion, to sell, and invest the produce in real estate to the same uses, the Lord Chancellor held, that, notwithstanding the power, the leasehold estate vested absolutely in the first tenant in tail from the time of his birth.
Page 425 - By Command of his Royal Highness the Prince Regent, in the Name and on the Behalf of his Majesty.
Page 316 - ... and, in case of the Decease of either or both, upon the same Trust, for the Benefit of Mrs. Markham and her Issue, as the other two-thirds. The Testatrix farther directed her Executors to permit Sir William Pulteney to have the Use of all her Jewels and Trinkets, except those particularly disposed of, during his Life ; and after his Decease, or, in case of his Death in her Life-time then after her Decease, to deliver them to her eldest or only Son, who shall be then living, for his own absolute...
Page 132 - In the first Case the Disability of the Heir did not follow him to England; and the personal Estate was distributed, as if both the Domicil and the real Estate had been in England. In the second the Disability to claim Exoneration out of the Personalty did follow him into England; and the personal Estate was distributed, as if both the Domicil and the real Estate had been iu Scotland.
Page 154 - But why, it may be asked, should not the defendant be permitted to bring two points, on which the cause depends, to issue by his plea ' The answer K because, if two, he may as well bring three points to issue ; and so on, till all the matters in the bill are brought into issue upon the plea; which would be productive of all the delay and inconvenience, which pleading was intended to remedy.

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