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" 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,... "
Commentaries on Equity Jurisprudence: As Administered in England and America - Page 537
by Joseph Story - 1839
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 33

New Jersey. Court of Chancery - Law reports, digests, etc - 1881 - 748 pages
...ministerially and in obedience to the call of those who have a right to the partition, but founds itself on its general jurisdiction as a court of equity, and...parties. It will, therefore, by its decree adjust the equitable rights of all the parties interested in the estate, and see to it that partition is made...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 2

New Jersey. Court of Chancery - Law reports, digests, etc - 1842 - 598 pages
...founds itself upon its general jurisdiction as a court of equity, and administers its relief, ex aequo et bono, according to its own notions of general justice and equity between the parties." I cannot view the case before me (as contended by the defendants' counsel) as similar in principle...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 8

New Jersey. Court of Chancery - Law reports, digests, etc - 1854 - 956 pages
...parties," as is said in 1 Story's Eq. Jur. sec. 656b ; where it is, also, further said, that equity will, by its decree, adjust all the equitable rights of the parties interested in the suit ; and will, if necessary for this purpose, give special instruction to the Commissioners. It seems...
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Reports of Cases Determined in the Court of Chancery of the State ..., Volume 2

New Jersey. Court of Chancery - Equity - 1842 - 598 pages
...founds itself upon its general jurisdiction as a court of equity, and administers its relief, ex aequo et bono, according to its own notions of general justice and equity between the parties/' I cannot view the case before me (as contended by the defendants' counsel) as similar in principle...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volume 2

Asa Kinne - Courts - 1852 - 736 pages
...founds itself upon its general jurisdiction, as a court of equity, and administers relief ex tequo et bono, according to its own notions of general justice...special instructions to the commissioners, and nominate commissioners, instead of allowing them to be nominated by the parties. — Story v. Johnson, 1 Young...
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Reports of Cases Determined in the Court of Chancery, and in the ..., Volume 4

New Jersey. Court of Chancery - Equity - 1854 - 960 pages
...parties," as is said in 1 Story's Eq. Jur. sec. 656b ; where it is, also, further said, that equity will, by its decree, adjust all the equitable rights of the parties interested in the suit; and will, if necessary for this purpose, give special instruction to the Commissioners. It seems...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - Conveyancing - 1861 - 718 pages
...improvements should have been made in good faith. A court of equity administers its relief ex equo et bono, according to its own notions of general justice and equity between the parties. It will adjust by its decrees, all the equitable rights of the parties interested in the premises. It is not...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 59

United States. Supreme Court - Law reports, digests, etc - 1866 - 658 pages
...itself upon its general jurisdiction as a court of equity, and administers its reliefer cequo et bano, according to its own notions of general justice and...rights of the parties interested in the estate, and courts of equity, in making these adjustments, will not confine themselves to the mere legal rights...
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Commentaries on Equity Jurisprudence, as Administered in England ..., Volume 1

Joseph Story - Equity - 1866 - 860 pages
...jurisdiction as a court of equity, and administers its relief ex aqua et bono, according to its own notiohs of general justice and equity between the parties. It will, therefore, by its decree,5 adjust all the equitable rights of the parties interested in the estate ; and will, if necessary...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 3

Nevada. Supreme Court - Law reports, digests, etc - 1868 - 630 pages
...founds itself upon its general jurisdiction as a Court of Equity, and administers its relief ex ivquo et bono according to its own notions of general justice and equity between the parties." Such are the general and just principles governing Courts of Equity in the administration of relief...
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