Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Eldon; from the Commencement of the Sittings Before Hilary Term, 1818, to the End of the Sittings After Michaelmas Term, 1819, Volume 3J. Butterworth and Son, 1827 - Equity Some cases given are from 1816-21, and in the appendix from 1673 to 1792. |
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Common terms and phrases
aforesaid agreement annuity answer appears appointed assigned bill bond Brandling Brandon breach of trust cause cestui que trust CHANCERY charged COLHOUN collieries consent Court court of equity covenant Coxlodge creditors daughter death debts deceased declared decree deed Defendant directed discharge Duplin Earl East India bills entitled equity executed executors father Fawdon fendant Fetcham filed FRANCKLYN funds George Hobart George Vere Hobart granted Gwill Hardy heir husband indenture injunction interest Isaac Donnithorne Isaac Harris issue JEPSON Johanna John Whitmore lands lease leasehold estates LORD CHANCELLOR Loveday Walker Master ment modus mort mortgage motion MUNYARD Nicholas Donnithorne paid parish parties payable payment personal estate Plaintiff Plaintiff Loveday Ponthieu possession premises principal purchaser question received rectory rents respect Rolls sequestration settlement solicitor Symonds and Thomas tenant term testator's thereof Thomas Griffith tion tithes trust-deed trust-money waggon-way William Symonds
Popular passages
Page 391 - It has been decided in bankruptcy that if a creditor gives an order on his debtor to pay a sum in discharge of his debt, and that order is shown to the debtor, it binds him. On the other hand this doctrine has been brought into doubt by some decisions in the courts of law which require that the party receiving the order should, in some way, enter into a contract.
Page 699 - As to the power which the trustees have of giving a discharge, it is true, that, when land is to be sold, and a particular debt is to be paid with it, the purchaser is bound to see to the application of the purchase money.
Page 598 - With such a conscience as is only naturalis et interna, this Court has nothing to do; the conscience by which I am to proceed is merely civilis et politico, and tied to certain measures...
Page 416 - It is a familiar rule, and one well sustained by authority, that where one person for a valuable consideration makes a promise to another for the benefit of a third person, such third person may maintain an action upon it.
Page 479 - Court, to be there placed to the credit of this cause, subject to the further order of this Court ; and in the mean time, and until such sale be had.
Page 536 - Defendants, yet on a bill filed in equity, it was referred to the Master to take an account •of what was due to the Plaintiffs, and an issue at law was refused by the Chancellor, who thought the question too clear to be disputed.
Page 662 - I had some reason to know the meaning of this law ; for it had its 'first rise from me, who brought in the bill into the Lords' House, though it afterwards received (a) 29 Car.
Page 590 - Examples of its application. rule to which there is no exception, and that is this ; the law never implies, the Court never presumes a trust, but in case of absolute necessity. The reason of this rule is sacred ; for if the Chancery do once take...
Page 556 - Downing and a codicil thereto well proved, and that the same ought to be established, and the. trusts thereof performed and carried into execution...
Page 117 - Court shall direct ; and the tenants of the said estates are to attorn and pay their rents in arrear and growing rents to such receiver, who is to be at liberty to let and set the said estates from time to time with the approbation of the said Master...