Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Thurlow, and of the Several Lords Commissioners of the Great Seal, and Lord Chancellor Loughborough, from 1778 to 1794W. Clarke & Sons, P. Pheney, C. Hunter, S. Sweet and S. Brooke, 1819 |
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Page 50
... dower , and she had confirmed it by acts done when of age - There it is laid down that he might have sold or released this interest . - Choses in action are not intended to pass by the assignment . The statute of H. 8 . is not now in ...
... dower , and she had confirmed it by acts done when of age - There it is laid down that he might have sold or released this interest . - Choses in action are not intended to pass by the assignment . The statute of H. 8 . is not now in ...
Page 85
... dower ) , remainder to the trustees to sell , and to apply the then to divide the money arising from the sale to pay debts -- and then to pay to residue in shares Catherine Fraine ( then Wright , one of the plaintiffs ) , and Doro ...
... dower ) , remainder to the trustees to sell , and to apply the then to divide the money arising from the sale to pay debts -- and then to pay to residue in shares Catherine Fraine ( then Wright , one of the plaintiffs ) , and Doro ...
Page 108
... Dower arises out of the marriage contract , Bracton , 2d Book , 39. If parties under age may contract matrimony , they ought to be permitted to enter into the other parts of the contract . This is the reason of Drury v . Drury , ( Earl ...
... Dower arises out of the marriage contract , Bracton , 2d Book , 39. If parties under age may contract matrimony , they ought to be permitted to enter into the other parts of the contract . This is the reason of Drury v . Drury , ( Earl ...
Page 109
... dower attaches upon marriage , the act having said nothing as to the majority of the wife , the act spoke of her when she could make the contract . Mr. Kenyon . - It was in argument , that , if she could enter into the principal ...
... dower attaches upon marriage , the act having said nothing as to the majority of the wife , the act spoke of her when she could make the contract . Mr. Kenyon . - It was in argument , that , if she could enter into the principal ...
Page 111
... dower ( a ) . Lord Chancellor . - Drury v . Drury was a question at law , which Cannel v . Buckle was not . If Lord Hardwicke's opinion , in Harvey v . Ashley , be right , he has determined the point , in Cannel v . Buckle . Mr ...
... dower ( a ) . Lord Chancellor . - Drury v . Drury was a question at law , which Cannel v . Buckle was not . If Lord Hardwicke's opinion , in Harvey v . Ashley , be right , he has determined the point , in Cannel v . Buckle . Mr ...
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agreement annuity applied appointment Ashhurst assets assigns Attorney-General bankrupt bill bond charge circumstances cited claim codicil contract copyhold Court court of equity covenant creditors daughter death debts decease decree deed defendant devise died dower Duke Earl Elizabeth entitled equity estate tail execution executors expences father filed freehold fund gave give given heir at law House of Lords husband Inchiquin intention interest issue John Lady laid lands lease leasehold leasehold estate legacy legatees liable Lord Bathurst Lord Chancellor Lord Eldon Lord Hardwicke Lord Northington Lord Thurlow Madocks Mansfield marriage Mary Master meant ment mortgage Nathaniel Richard opinion paid parties payment personal estate plaintiff plea possession Pulteney purchase question real estate remainder rents residuary residue rule seised settlement shew sold statute tenant term testator's Thomas tion trustees Vern vested vide wife William William Townshend words
Popular passages
Page 8 - THURLOW said, that to set aside a conveyance, there must be an inequality, so strong, gross and manifest, that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it (1).
Page 225 - Parkin for life, with remainder to her first and other sons in tail male...
Page 488 - ... estates, between her father James Flanagan, and her brother James Flanagan, their heirs, executors, and administrators, equally. A bill was brought by the creditors for sale of the real estate to supply the deficiency of the personal estate for payment of debts; and a decree was made for a sale; and if any of the money to arise by the sale should remain after payment of the debts and legacies, it was directed to be paid to James Flanagan the father, and James Flanagan the son, equally; and if...
Page 395 - no action shall be brought whereby * * * to charge any person * * * upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; * * * 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, or some other person thereunto by him lawfully authorized.
Page 440 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife for life, remainder to...
Page 98 - Being asthmatical, and the office very hot, she retired to her carriage to execute the will, the witnesses attending her ; after having seen the execution, they returned into the office to attest it, and the carriage was accidentally put back to the window of the office, through which, it was sworn by a person in the carriage, the testatrix might see what passed...
Page 220 - He rested it upon what the testator meant afterwards; if he meant that every other person who should be heir should take, he then meant, what the law would not suffer him to give, or the heir to take as a purchaser...
Page 487 - Cas. 497, the master of the rolls says, that " nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted, and this, in whatever manner the direction is given.
Page 20 - ... determined cases seem to go thus far, that the general engagement of the wife shall operate upon her personal property, shall apply to the rents and profits of her real estate, and that her trustees shall be obliged to apply personal estate, and rents and profits when they arise, to the satisfaction of such general engagement...
Page 305 - Court of ordinary jurisdiction has finally decided the rights of the parties, that judgment may in general be pleaded in bar of a Bill in Equity. Thus, where a Bill was brought by a person, claiming to be son and heir of Jocelin, Earl of Leicester, and alleged, that the Earl, being tenant in tail of estates, had suffered a recovery, and had declared the use to himself and a trustee in fee, and that the plaintiff had brought a writ of right to recover the lands ; but...