Commentaries on Equity Jurisprudence: As Administered in England and America, Volume 1Little, Brown,, 1873 - Equity |
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Commentaries On Equity Jurisprudence, As Administered in England and America ... Joseph Story No preview available - 2018 |
Commentaries on Equity Jurisprudence as Administered in England and America ... Joseph Story No preview available - 2015 |
Commentaries on Equity Jurisprudence, as Administered in England and America ... Joseph Story No preview available - 2017 |
Common terms and phrases
action administration agreement allowed applied assets authority bill bond bound chancellor Chancery charge circumstances cited civil claim Comm common law condition consideration considered contract conveyance courts of equity courts of law creditors debt decree deed defective defendant discovery distinction doctrine doubt edit effect enforce entitled equally established evidence execution executor exist fact favor Fonbl fraud fraudulent give given grant ground held ignorance intention interest interfere Jeremy Johns judgment jurisdiction justice knowledge land legacy Lord marriage matters mistake mortgage nature notice obtained opinion original paid party payment person plaintiff present principle purchaser question reason regard relief remedy respect rule says seems stand statute sufficient suit surety taken tion transaction trust unless Vern void
Popular passages
Page 400 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 803 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Page 16 - Equity is a roguish thing; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity.
Page 269 - ... bring an action to recover such land or rent, shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.
Page 19 - Equity jurisprudence may, therefore, properly be said to be that portion of remedial justice, which is exclusively administered by a court of equity, as contradistinguished from that portion of remedial justice, which is exclusively administered by a court of common law.
Page 442 - The received construction in England at the time they are admitted to operate in this country, indeed to the time of our separation from the British Empire, may very properly be considered as accompanying the statutes themselves and forming an integral part of them. But however we may respect subsequent decisions, — and certainly they are entitled to great respect, — we do not admit their absolute authority.
Page 199 - It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other...
Page 26 - It must reach the whole mischief, and secure the whole right of the party in a perfect manner, at the present time and in future; otherwise equity will interfere and give such relief and aid as the exigency of the particular case may require.
Page 222 - If an estate is offered for sale and I treat for it knowing that there is a mine under it and the other party makes no inquiry I am not bound to give him any information of it; he acts for himself and exercises his own sense and knowledge. But a very little is sufficient to affect the application of that principle. If a word, if a single word, be dropped which tends to mislead the vendor, that principle will not be allowed to operate.
Page 210 - In the next place, the misrepresentation must not only be in something material, but it must be in something in regard to which the one party places a known trust and confidence in the...