A Treatise on Equity Jurisprudence: As Administered in the United States of America; Adapted for All the States, and to the Union of Legal and Equitable Remedies Under the Reformed Procedure, Volume 2 |
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Other editions - View all
Common terms and phrases
actual notice adeemed ademption agreement Allen apply assignment Bank Barb Beav bona fide purchaser Brown Ch circumstances claim Conn constructive notice contract conveyance court of equity creditor decisions deed defense doctrine effect equitable estoppel equitable interest estopped estoppel fact fraud fraudulent grantee grantor held inquiry instrument intention Iowa Jones judgment jurisdiction knowledge land legacy legal estate legal title lien lis pendens Lord Lumber ment Minn mistake of law mortgage mortgagor N. J. Eq obtained Ohio St owner Paige parol evidence party plaintiff possession presumption principle prior priority record relief rule satisfaction section is cited Smith South statute statute of frauds subsequent purchaser suit testator text is cited text is quoted tion transaction trust unrecorded valuable consideration vendee vendor
Popular passages
Page 1790 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Page 1818 - Although I have treated the second and third as distinct cases, I think the third is but an instance of the second, for one who makes a statement under such circumstances can have no real belief in the truth of what he states. To prevent a false statement being fraudulent, there must, I think, always be an honest belief in its truth. And this probably covers the whole ground, for one who knowingly alleges that which is false has obviously no such honest belief.
Page 1741 - ... there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases : 1. Where a mistake or imperfection of the writing is put in issue by the pleadings ; 2. Where the validity of the agreement is the fact in dispute.
Page 1628 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Page 1242 - Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded...
Page 1410 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 1694 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or, 2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.
Page 1634 - It is not necessary to an equitable estoppel that the party should design to mislead. It is enough that the act was calculated to mislead and actually did mislead the defendants while acting in good faith and with reasonable care and diligence...
Page 1240 - September be made and executed shall be adjudged fraudulent and void («) against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
Page 1818 - Fraud is proved when it is shown that a false representation has been made (1) knowingly, or • (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.