The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress, and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law and of the Course of Procedure in the Courts of Common Law in Regard to Civil Rights; with an Attempt to Trace Them to Their Sources; and in which the Various Alterations Made by the Legislature Down to the Present Day are Noticed, Τόμος 1

Εξώφυλλο
Lea and Blanchard, 1846
 

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Περιεχόμενα

CHAPTER III
335
Edw III c 3 The Court of Chancery and the Court of Kings
340
The Court of Chancery temp Hen IV V and VI and Edw IV 348
352
The Bill 368
368
Commission to take the Defendants answerAnswers
370
Preliminary ReferencesEvidence 378 37
378
CHAPTER VIII
389
GENERAL ORDERS ISSUED FOR REGULATING THE PRACTICE AND MODE OF PROCEDURE
396
Lord Coventrys Orders 402
403
Conscience as a rule of decision of Clerical Invention
411
Equity governed by principlesPrecedents their influence 415417 et v 712
417
DOCTRINE THAT THE COURT ONLV OPERATED IX PERSONAMCONCLUSION OF THE SECOND
427
CHAPTER II
435
Extent of the Remedy originally afforded by the Court
444
General Observations on the Jurisdiction assumed by
459
The Stat 27 Hen VIII for the enrolment of Bargains
476
Object of the Statute of UsesOld Modes of Conveyance to Uses con page
478
Construction of Deeds creating Estates by way of
491
Modem Amendments in the Rules of Pleading and Practice 252 253
492
Trusts by Operation of LawImplied TrustsResulting
509
Questions of Construction so frequently came before the Court of Chan
516
CONTESTS
522
Plain Mistakes will not vitiate a GiftFaha demonstratio nan nocct
538
Of the application of Extrinsic Evidence to the Interpreta
552
As to the admission of Parol Evidence to rebut presumptions
564
The General Subject of Trusts now to be resumed
573
Suits by Legatees and Next of Kin 581583
581
The Statute of Charitable Uses 43 Eliz Modern Jurisdic
589
Stecial Corrective and Equitable Jurisdiction of the King 77 71
672

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Δημοφιλή αποσπάσματα

Σελίδα 524 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Σελίδα 168 - And by the seventeenth section of the same statute it is enacted, that " no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Σελίδα 168 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Σελίδα 447 - ... death of the testator, unless a contrary intention shall appear by the will. XXXIII. And be it further enacted, that where any person being a child or other issue of the testator to whom any real or personal estate...
Σελίδα 238 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Σελίδα 268 - October, 1845, a contingent, an executory, and a future interest, and a possibility coupled with an interest, in any tenements or hereditaments of any tenure, whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent, into or upon any tenements or hereditaments in England, of any tenure, may be disposed of by deed...
Σελίδα 241 - ... years, but nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated; and...
Σελίδα 445 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Σελίδα 143 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Σελίδα 241 - ... no Act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to, or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.

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