A Treatise Upon the Practice of the Court of Chancery: With an Appendix of Forms, Volume 2Halsted & Voorhies, 1839 - Equity pleading and procedure |
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A Treatise Upon the Practice of the Court of Chancery: With an Appendix of ... Murray Hoffman No preview available - 2016 |
Common terms and phrases
affidavit allowed amend answer Appendix application appointed ascertain bill of review bond brought cause chancellor claim clerk commission commissioners complainant conveyance costs counsel course court of chancery court of errors cree debt debtor decision deed default defendant demurrer directed discovery dismissed dower entered entitled equity examination execution feme covert file a bill final decree foreclosure given guardian guardian ad litem hearing heir House of Lords husband Ibid incumbrance infant injunction interest interlocutory interpleader issue jury lien Lord Lord Chancellor Lord Eldon lunatic marriage master mortgage mortgagor motion necessary notice nunc pro tunc obtained order or decree Paige payment person petition of appeal plaintiff practice premises proceed proceedings proof proper provision purchaser question real estate remittitur respondent Revised Statutes rule settled Shelford solicitor specific suit sureties tenant thereof tion undivided share Vesey vice-chancellor Wendell wife
Popular passages
Page 189 - If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners...
Page 169 - ... to ascertain the present value of an annuity for her life equal to the interest in the third of the proceeds of the estate to which her contingent right of dower attaches, and...
Page 182 - ... one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the persons interested therein ; and for a sale of such property, or a part of it, if it appear that a partition cannot be made without great prejudice to the owners.
Page 113 - The court shall have power to compel such discovery, and to prevent such transfer, payment or delivery, and to decree satisfaction of the sum remaining due on such judgments, out of any personal property, money or things in action, belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not...
Page 186 - Where a reference is directed, as prescribed in the last section, the referee must cause a notice to be published once in each week for six successive weeks in such newspaper published in the county...
Page 230 - That one of the parties was an idiot or a lunatic. 4. That the consent of one of the parties was obtained by force, duress, or fraud.
Page 113 - Whenever an execution against the- property of a defendant, statutesshall have been issued on a judgment at law, and shall have been returned unsatisfied in whole or in part, the party suing out such execution may file a bill in chancery against such defendant...
Page 28 - Whenever such bond shall be defective in any respect, the Court, officer, or body who would be authorized to receive the same, or to entertain any proceedings in consequence of such bond if the same had been perfect may, on the application of all the obligors therein, amend the same in any respect...
Page 143 - ... and if it shall appear that the same can be sold in parcels, without injury to the interests of the parties, the decree...
Page 244 - In an action for divorce the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same.