Reports of Cases Argued and Determined in the High Court of Chancery During the Time of Lord Chancellor Lyndhurst: With a Few During the Time of Lord Chancellor Cottenham, Volume 2 |
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action affidavit agreement alleged amount answer appeared applied appointed assignment Bellamy benefit bill bond bottomry cause charged circumstances claim contended contract costs Court Court of Equity covenant creditors death debt decision declaration decree deed Defendant demurrer Dingwall directed discharge dismissed Edward Bellamy entitled equity evidence executed executors father fendant filed fraud fund give ground hearing heir husband injunction inquiry interest issue John Duff judgment jurisdiction land legacy liable LORD CHANCELLOR Lord Eldon Lord Thurlow Master ment mortgage motion MOXHAY objection opinion OXFORD JUNCTION paid Parker parties payment personal estate petition petitioner Plaintiff prayed present proceedings purchase purpose question Railway Company referred refused rent respect Rolt rule Sabine Sarah Lancashire share shareholders shew ship solicitor statute suit Taylor tenant in tail testator's Thirsk tion Trieste trustees Vice-Chancellor Vice-Chancellor of England wife Wigram writ
Popular passages
Page 778 - That the question does not depend upon whether the covenant runs with the land is evident from this, that if there was a mere agreement, and no covenant, this court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
Page 272 - C. entitled to one-third, and referred it to the master to inquire whether it would be for the benefit of all parties that the land should be sold.
Page 778 - ... the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor and with notice of which he purchased. Of course, the price would be affected by the covenant, and nothing could be more inequitable than that the original purchaser should be able to sell the property the next day for a greater price in consideration of the assignee being allowed to escape from the liability...
Page 777 - That this Court has jurisdiction to enforce a contract between the owner of land and his neighbour purchasing a part of it, that the latter shall either use or abstain from using the land purchased in a particular way, is what I never knew disputed.
Page 775 - Leicester Square Garden or Pleasure Ground, with the equestrian statue then standing in the centre thereof, and the iron railing and stone work round the same," to one Elms in fee: and the deed of conveyance contained a covenant by Elms, for himself, his heirs, and assigns, with the Plaintiff, his heirs, executors, and administrators, "that Elms, his heirs, and assigns should, and would from time to time, and at all times thereafter at his and...
Page 586 - Graves, for life ; remainder to his first and other sons in tail male ; remainder to the first and other sons of the testator's daughter, Anna Maria Hearle, in tail male ; remainder to his own right heirs.
Page 705 - ... a bill of review, or a supplemental bill in the nature of a bill of review, and cannot be filed except with leave of the court.
Page 351 - If the settlement is incorrectly or ambiguously expressed, if it contains conflicting and contradictory clauses, so as to leave, in a degree, uncertain the period at which, or the contingency upon which, the shares are to vest, the Court leans strongly towards the construction which gives a vested interest to the child, when that child stands in need of a provision ; usually as to sons at the age (a) 2 Peere Wmi. 612. (6) 3 Ves. $ B. 85. age of twenty-one, and as to daughters at that age or 1859....
Page 505 - Interest upon Trust That they the said Trustees and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor...
Page 805 - Taylor to the plaintiff, or from the plaintiff to Taylor, on the footing of such declaration; and that, in taking such accounts, Taylor might be charged with all monies which' had been received by Robertson on account of the ship or the freight thereof, for which Taylor had had credit in account with him, and that the ship might be sold under the direction of the Court, and the proceeds divided between the plaintiff and Taylor in the proportion in which they should appear to be entitled thereto after...