Commentaries on Equity Jurisprudence |
Contents
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Other editions - View all
Commentaries on Equity Jurisprudence: Founded on Story Joseph Story,Thomas Wardlaw Taylor No preview available - 2015 |
Common terms and phrases
Abridg action agreement applied assets assignment Beav Beavan benefit bill bond cestui que trust champerty Chancery circumstances civil law claim common law compel contract conveyance Court of Chancery courts of equity courts of law covenant creditor debt debtor decree deed deemed defendant devise doctrine Earl enforce entitled execution executor favour fraud granted ground heir held Ibid injunction intention interest interfere interpleader judgment jurisdiction justice land Lefr legacy legatee Lord Eldon Lord Hardwicke marriage matter ment Meriv mistake mortgage mortgagor Mylne & Craig Mylne & Keen nature notice partner party payment personal estate plaintiff possession Pothier principle purchaser real estate relief rent restrain Roman law rule Russ settlement Smith specific performance statute Statute of Frauds suit surety Swanst tenant tion vendor Vern void Younge & Coll
Popular passages
Page 689 - ... only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not passed...
Page 13 - 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] a Chancellor's Foot, what an uncertain Measure would this be?
Page 689 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 498 - ... 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 235 - Any settlement of property, not being a settlement made before and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration, or a settlement made on or for the wife or children of the settlor of property which has accrued to the settlor after marriage in right of his wife...
Page 326 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding, at law or in equity...
Page 292 - Presumably, it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account which is discharged or reduced by the first item on the credit side.
Page 13 - 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 538 - In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract, or agreement...
Page 258 - In the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel, as such, or of his solicitor, or other agent...