Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Eldon, Volumen2J. Butterworth and Son, 1823 |
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admitted adverse adverse possession afterwards answer appears applied appointment ation ATTORNEY bankrupt bequest bill Bingley charity circumstances claim considered construction contended conveyance court of equity crown daughters death declared decree deed Defendant devise doctrine Earl of Orford effect entitled equitable estate equity of redemption evidence executed executors favour filed fund gift give given grammar school grant grantor ground Gwill HARTLEY heir of Samuel House of Lords intention interest lands legal estate Lord Chancellor Lord CLINTON Lord Hardwicke Lord Orford Lordship Marquis CHOLMON DELEY Master MAYOR Of BRISTOL meaning ment modus mortgage mortgagor objection opinion paid parish party payment person Plaintiff possession present presumption principle proved purchase purpose question received reference remainder respect right heir Robert Cumming rule Samuel Rolle shew Sparke statute of limitations Strathmore suit tenant tion tithes trustees vested wife words
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Página 385 - the subsequent costs of this suit until after the said Master shall have made his report, and any of the parties are to be at liberty to apply to this Court as they shall be advised. Reg. Lib.
Página 426 - shall have no power or authority to discharge, " reverse, or alter any decree, order, act, matter, or " thing, made or done by any Lord Chancellor, Lord " Keeper, or Lords Commissioners for the custody of
Página 278 - the names of my said trustees, or the survivors or survivor of them, and the executors and administrators- of such survivor; and the dividends, interest, and produce thereof from time to time respectively paid into the respective hands of my said daughters for
Página 73 - decease, to the use and behoof of the heirs of the body of him the said George Earl of Orford lawfully to be begotten." Thus far the deed is in exact conformity to the purpose declared in the recital, to secure the continuance of the estate in the family and blood of Samuel
Página 168 - the possession of one tenant in common, eo nomine, as tenant In common can never bar his companion; because such possession is not adverse to the right of his companion, but in support of their common title, and by paying him his share, he acknowledges him co-tenant.
Página 148 - by their own rules, independently of any statutes of limitation, give great effect to length of time, and they refer frequently to the statutes of limitation for no other purpose than as furnishing a convenient measure for the length of time that ought to operate as a bar in equity to any particular
Página 149 - To no authority, living or dead, could reference be had with more propriety, for correct information respecting the principles by which courts of equity are governed, than to one whose knowledge and experience enabled him fifty years ago to reduce the whole subject to a system, with such universally acknowledged learning, accuracy, and discrimination,
Página 573 - now decide. At present I will retain the bill for a year, with liberty for the Plaintiff to bring an action : he does not want any admission from the Defendants except that of the deeds being lost: but, I think, upon the whole, it will be best not to impose any terms upon them.
Página 29 - It is said in our books, that the construction of deeds ought to be favourable, and as near to the apparent intent of the parties as possibly may be, and as the law will permit. That too much regard is not to be
Página 334 - marry, and for want of such children as she should appoint, and in default of appointment* for her next of kin. . Previously to the date of the letters patent, the executors of Johanna Lee, conceiving that, under