An Introduction to Equity Jurisprudence: On the Basis of Story's Commentaries, with Notes and References to English and American Cases, Adapted to the Use of Students
Derby, Bradley & Company, 1846 - 358页
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administration agreement applied arising assets assignment benefit bill bona fide bona fide purchaser bound cestui que trust Chancellor Kent circumstances claim common law compel considered contract conveyance Court of Chancery Courts of Equity Courts of Law coverture creditor debtor decree deed defendant Desau devise distinction doctrine effect enforce entitled equitable jurisdiction established execution executor exercise fact favor feme feme covert fraudulent fund ground heir held husband injunction insolvent instrument intention interest interpleader judgment justice land legacy legatees Leigh lien Lord Eldon marriage matter ment mistake mortgage ne exeat Ohio Paige parol partnership party payment of debts personal estate plaintiff possession presumption principle proceeding purchase money real estate reason remedy at law rents and profits restrain resulting trust rule specific performance statute Statute of Frauds suit surety tenant third person tion transaction unless valuable consideration vendor Vide void wife writ
第221页 - In making this restriction, I do not mean to cast any reflection upon any sect or person whatsoever; but, as there is such a multitude of sects, and such a diversity of opinion amongst them...
第153页 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
第274页 - Court will not permit the marital power of the husband to be used, in contravention of the enjoyment of the property, according to the terms of the gift. " If the gift be made for her sole and separate use, without more, she has, during the coverture, an alienable estate independent of her husband.
第75页 - ... in discharge of the items of debit antecedently due, in the order of time in which they stand in the account. In other words, each item of payment or credit is applied in extinguishment of the earliest items of debt until it is exhausted.
第170页 - It is clear that this court will not assist a volunteer; yet, if the act is completed, though voluntary the court will act upon it. It has been decided that, upon an agreement to transfer stock, this court will not interpose; but if the party had declared himself to be the trustee of that stock, it becomes the property of the cestui que trust without more; and the court will act upon it.
第57页 - So that in fact, in all cases where a purchase has been made by a trustee on his own account of the estate of his cestui que trust, although sold at public auction, it is in the option of the cestui que trust to set aside the sale, whether bona fide made or not.
第276页 - ... modo, or to the extent of the power clearly given by the settlement. Instead of maintaining that she has an absolute power of disposition, unless specially restrained by the instrument, the converse of the proposition would be more correct, that she has no power but what is specially given, and to be exercised only in the mode prescribed, if any such there be.
第242页 - The charter relieves them from personal responsibility, and substitutes the capital stock in its stead. Credit is universally given to this fund by the public, as the only means of payment.
第308页 - And although the reason of the rule, which requires two witnesses, or circumstances to corroborate the testimony of one, to outweigh the answer, may be founded in a great measure upon the consideration that the complainant makes the answer evidence by calling for it ; yet this is in reference to the ordinary practice of the Court, requiring the answer to be on oath. But the weight of such answer is very much lessened, if not entirely destroyed, as matter of evidence, when unaccompanied by an oath...
第188页 - The test of the distinction is this : If the relation of debtor and creditor remains, and a debt still subsists, it is a mortgage ; but if the debt be extinguished by the agreement of the parties, or the money advanced is not by way of loan, and the grantor has the privilege of refunding, if he pleases, by a given time, and thereby entitle himself to a reconveyance, it is a conditional sale.