Reports of cases adjudged in the Court of Chancery of New-York: containing the cases from March, 1814 to [July, 1823] ... inclusive
New York (State). Court of Chancery, William Johnson, New York (State), New York (State). Court for the Trial of Impeachments and the Correction of Errors
Published by E. F. Backus, State-street, Van Winkle & Wiley, printers, 1822 - Equity
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accordingly acres admitted afterwards agreement alleged amount answer assignment Baron and Feme bill bond and mortgage bridge cargo cents Chancellor charged choses in action claim Claverack commission contract conveyance conveyed costs Court of Chancery Court of Equity coverture death deceased declared decree deed defendant denied devised dollars dower entitled equity of redemption execution executors feigned issue fendant filed fraud granted guardian heirs held Henry V. F. husband infants injunction interest intestate Johns judgment land lease Lord Lord Eldon Lord Hardwicke Mark Steere master ment mortgage mortgage debt mortgagor notes notice paid parties partnership payment personal estate plaintiff possession proceeds proof purchase question real estate received relief rents and profits residue share sold statute Stephen Steere suit Supreme Court surplus thereof tiff tion trust usury valuable consideration Vesey widow wife wife's
Page 12 - And be it further enacted, that 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 trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 407 - It is not consistent with good faith, nor with the duty which the connection of the parties, as claimants of a common subject, created, that one of them should be able, without the consent of the other, to buy in an outstanding title, and appropriate the whole subject to himself, and thus undermine, and oust his companion.
Page 48 - The Act goes on to define champerty (campi-partitio). ' Champerters be they that move Pleas and Suits, or cause to be moved either by their own procurement or by others, and sue them at their proper Costs, for to have part of the Land in variance, or Part of the Gains.
Page 566 - It is stated to have been a principle of the common law that a fraud could only be avoided by him who had a prior interest in the estate affected by the fraud, and not by him who subsequently to the fraud acquired an interest in the estate.
Page 172 - ... injunction was called for against a lessee for years, to prevent digging the ground for brick, as it was destroying the field and carrying away the soil. The Lord Chancellor said, ' let the defendant carry off the brick he has dug, but be enjoined from further digging.
Page 378 - In case it shall at any time happen that an election of directors shall not be made on any day when pursuant to this act it ought to have been made, •the said corporation shall not for that cause, be deemed to be dissolved, but it shall and...
Page 437 - No estate in joint tenancy in any lands, tenements, or hereditaments, shall be held or claimed under any grant, devise or conveyance whatsoever, heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass, not in tenancy in common...
Page 551 - The presumption in Courts of Law from length of time stands upon a clear principle ; built upon reason, the nature and character of man, and the result of human experience. It resolves itself into this ; that a man will naturally enjoy what belongs to him.