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Abridg action administration agreement allowed applied arising assets authority bill bond bound Chancellor Chancery circumstances cited Civil Law claim Comm Common Law condition consideration considered contract conveyance Courts of Equity Courts of Law creditors debt decree deed deemed discovery distinction doctrine doubt edit effect entitled equally established execution executor exist fact favour Fonbl founded fraud give given grant ground hand heir held ignorance intention interest interfere Jeremy John judgment Jurisd jurisdiction justice land legacy Lord Madd marriage matter mistake mortgage nature notice obligation obtained original paid party payment person plaintiff Pothier present principle proceedings protection purchaser question reason regard relief remedy respect rule says seems sense sort stand statute suit surety taken tion transaction treated trust Vern whole
Page 310 - 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 17 - 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. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 343 - 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 193 - But to set aside any act or contract on account of drunkenness, it is not sufficient that the party is under undue excitement from liquor. It must rise to that degree which may be called excessive drunkenness, where the party is utterly deprived of the use of his reason and understanding...
Page 172 - A seller is unquestionably liable to an action of deceit, if he fraudulently represent the quality of the thing sold to be other than it is, in some particulars, which the buyer has not equal means with himself of knowing; or if he do so, in such a manner as to induce the buyer to forbear making the inquiries, which for his own security and advantage he would otherwise have made.
Page 14 - But there is not a single rule of interpreting laws, whether equitably or strictly, that is not equally used by the judges in the courts both of law and equity: the construction must in both be the same: or, if they differ, it is only as one court of law may also happen to differ from another.
Page 407 - A surety,' to use the language of Sir S. Romilly's reply, 'will be entitled to every remedy which *the creditor has | against the principal debtor ; to enforce every security and all means of payment ; to stand in the place of the creditor, not only through the medium of contract, but even by means of securities VOL.
Page 310 - ... where one by his words or conduct wilfully causes another to* believe in 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.
Page 395 - The principle established in the case of Deering v. Lord Winchelsea, is universal, that the right and duty of contribution is founded in doctrines of equity. It does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors.
Page 537 - For, in all cases of partition, a Court of Equity does not act merely in a ministerial character, and in obedience to the call of the parties, who have a right to the partition; but it founds itself upon its general jurisdiction, as a Court of Equity, and administers its relief ex cequo et bono, according to its own notions of general justice and equity between the parties.