Reports of Cases Adjudged and Determined in the Court of Chancery, of the State of Delaware, Volume 3

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T. & J. W. Johnson & Company, 1883 - Equity
 

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Page 442 - Secondly, 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; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Page 218 - An abuse of trust can confer no rights on the party abusing it, nor on those who claim in privity with him.
Page 333 - Court of law, or of which he might have " availed himself at law but was prevented by fraud or " accident, unmixed with any fault or negligence in himself "or his agents, will justify an application to a Court of Chan"cery.
Page 584 - And the inequality amounting to fraud, must be so strong and manifest as to shock the conscience and confound the judgment of any man of common sense.
Page 205 - ... if the contract was carried into execution, was sufficient to determine the discretion of the court not to interfere, but to leave the parties to the law.
Page 333 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 334 - ... so, where a verdict has been obtained by fraud, or where a party has possessed himself improperly of something by means of which he has an unconscientious advantage at law, which equity will either put out of the way, or restrain him from using ; but, without circumstances of that kind...
Page 364 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 417 - Their influence has reached the courts of law, and the case of mortgages is one of the most splendid instances in the history of our jurisprudence, of the triumph of equitable principles over technical rules, and of the homage which those principles have received by their adoption in the courts of law.
Page 288 - ... then this obligation to be void; otherwise to be and remain in full force and virtue in law.

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