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" Frauds; and that a court of equity will not decree the specific performance of a parol agreement to convey lands where the purchaser has not entered into possession under the contract. "
The Southeastern Reporter - Page 418
1903
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 2

New Jersey. Court of Chancery - Law reports, digests, etc - 1842 - 598 pages
...well expressed by chancellor Walworth, in Bates v. Delavan, 5 Paige, 307. He says, "As a general rule, a court of equity will not decree the specific performance of a contract of sale, if the vendor cannot make a good title, although the contract has made no provision as to...
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The American Jurist, Volume 12

Law - 1834 - 612 pages
...heard, at the original hearing. Scales \. Nichols £f Scales, 2 Yerger, 140. 2. (Specific performance.) A court of equity will not decree the specific performance of a contract, where the party seeking to enforce it, has Iain by for a great length of time without asserting his...
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Reports of Cases Determined in the Court of Chancery of the State ..., Volume 2

New Jersey. Court of Chancery - Equity - 1842 - 598 pages
...well expressed by chancellor Walworth, in Bates v. Delaran, 5 Paige, 307. He says, "As a general rule, a court of equity will not decree the specific performance of a contract of sale, if the vendor cannot make a good title, although the contract has made no provision as to...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 94

Alabama. Supreme Court - Law reports, digests, etc - 1893 - 776 pages
...420. FRAUDS, STATUTE OF. 1. Specific performance, ; statute of frauds; description oflandx in writingA court of equity will not decree the specific performance of a contract for the sale of land, unless a compliance with the provisions of the statute of frauds is shown (Code,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 5

Georgia. Supreme Court - Equity - 1849 - 680 pages
...agreement. 2 Story's Com.66, '9. 1 Bacon, 181, '7. Roberts on Frauds, 105, 115. Miff or ft Ch. PL 329. 4th. A Court of Equity will not decree the specific performance of a parol contract to convey land, when it has no means of carrying it into effect ; where the terms of...
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Report of Cases in Chancery: Argued and Determined in the Rolls ..., Volume 27

Great Britain. Court of Chancery, Charles Beavan - Equity - 1861 - 720 pages
...obtained priority over B. Wright v. Stanjicld. 8 See REGISTRATION. MINES. See POWER TO LEASE. MORTGAGE. 1. A Court of Equity will not decree the specific performance of a contract to borrow a sum of money on mortgage. Roger* v. Challis. Page 175 2. If a mortgagee so deals with the...
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Reports of Cases in Chancery, Argued and Determined in the Rolls ..., Volume 27

Great Britain. Court of Chancery, Charles Beavan - Equity - 1861 - 724 pages
...obtained priority over B. Wright v. StanfitlJ. 8 See REGISTRATION. MINES. See POWER TO LEASE. MORTGAGE. 1. A Court of Equity will not decree the specific performance of a contract to borrow a sum of money on mortgage. Kogert v. Challis. Page 175 2. If a mortgagee so deals with the...
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The Central Law Journal, Volumes 44-45

Law - 1897 - 1116 pages
...without taking possession is not sufficient to take such a case out of the statute of frauds; and that a court of equity will not decree the specific performance of a parol agreement to convey lands where the purchaser has not entered Into possession under the contract....
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 8

Nathaniel Cleveland Moak - Law reports, digests, etc - 1875 - 1038 pages
...award of damages under the 21 <fc 22 Viet. c. 27, for the non-performance of the contract: Held, that a court of equity will not decree the specific performance of a mere agreement to advance money. Moreover, that that being so, it has no jurisdiction to award damages....
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A Selection of Leading Cases in Equity: With Notes, Volume 1, Part 2

Frederick Thomas White, Owen Davies Tudor - Equity - 1876 - 708 pages
...J. 62 ; Hope v. Hope, 8 De G. Mac, & G. 731, and see note to SlapiUon v. Stapilton, vol. ii. post. A Court of equity will not decree the specific performance of a covenant to refer disputes to arbitration (Price v. Williams, cited 6 Ves. 818; Street v. Rigby, 6...
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