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action administration admitted aforesaid agent alleged answer appellant appellee apply authority Baltimore Bank bill bond called cause chancery charged claim complainant consideration contended contract corporation county court creditors damages debts decree defendants delivered delivery demand deposite direction effect entitled equity established evidence exception execution fact fieri facias filed fishery further Gill give given grant ground Hall Hunter injunction institution instruction intended interest issue John Jones Judge judgment jurisdiction jury land limitations loss Maryland Navigation necessary notes object offered opinion original Orphans paid parties passed payment person plaintiff possession prayer present principle proceedings proof proved purchase question reason received record recover reference refused relation river road rule sheriff statute sufficient suit taken thereof tion trial trustee vessels whole witness
Σελίδα 186 - ... 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.
Σελίδα 109 - There is no principle better established, in this court, nor one founded on more solid considerations of equity and public utility, than that which declares that if one man, knowingly, though he does it passively, by looking on, suffers another to purchase, and expend money on land, under an erroneous opinion of title, without making known his own claim, shall not afterwards be permitted to exercise his legal right against such person.
Σελίδα 47 - The question turns upon the agreement between the mortgagor and the mortgagee; when the mortgagor is left in possession, the true inference to be drawn is an agreement that he shall possess the premises at will in the strictest sense and, therefore, no notice is ever given him to quit...
Σελίδα 47 - It is true, that, in the discussions of the courts of equity, a mortgage is sometimes called a lien for a debt ; and so it certainly is, and something more ; it is a transfer of the property itself as security for the debt. This must be admitted to be true at law, and it is equally true in equity, for in this respect, equity follows the law; it does not consider the estate of the...
Σελίδα 185 - Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said that 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...
Σελίδα 109 - ... which declares that If one man knowingly, though he does it passively by looking on, suffers another to purchase and expend money on land under an erroneous opinion of title, without making known his claim, he shall not afterwards be permitted to exercise his legal right against such person.
Σελίδα 189 - There may be cases cognizable at law an<l also in equity, and of which cognizance cannot be effectually taken at law ; and therefore equity does sometimes interfere, as in cases of complicated accounts where the party has not made defence because it was impossible for him to do it effectually at law.
Σελίδα 26 - ... *Now here it must be observed, that the lineal ancestors, though (according to the first rule) incapable themselves of succeeding to the estate, because it is supposed to have already passed them, are yet the common stocks from which the next successor must spring.