Reports of Cases Argued and Determined in the Court of Chancery of the State of New-York [1828-1845], Volume 6
Gould & Banks, 1838
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according actually afterwards agreement alleged allowed amount answer appeal application appointed assignment authority bank benefit bill bond cause charged claim complainant complainant's consideration considered contract conveyance conveyed corporation costs court creditors death debt decided decision decree deed defendant devise directed effect entered entitled equity establish evidence exceptions execution executors fact filed firm fund further give given ground hands heirs held infant injunction intended interest issue John judgment land lien loss matter ment mortgage necessary notice objection obtained officers original owner paid parties payment possession premises present principle proceedings proceeds proper provisions purchase question real estate reason received reference relief remained rent residuary rule statute street subsequent sufficient suit taken thereof tion trust valid vice chancellor whole wife witness
Page 209 - If any person whose husband or wife shall have absented himself or herself, for the space of five successive years, without being known to such person to be living during that time, shall marry during the life-time of such absent husband or wife, the marriage shall be void only from the time that its nullity shall be pronounced by a court of competent authority.
Page 693 - A surely, or a party who stands in the situation of a surety, is entitled to be subrogated to all the rights and remedies of the creditor whose debt he is compelled to pay...
Page 563 - ... continued. But, where the thing sought to be restrained is not unavoidably and in itself noxious, but only something which may according to circumstances prove so, the court will refuse to interfere, until the matter has been tried at law, generally by an action, though in particular cases an issue may be directed for the satisfaction of the court, where an action could not be framed so as to meet the question.
Page 22 - Term modified according to this decision, and costs of both parties should be paid out of the estate of the testator.
Page 318 - articles made. for a valuable consideration, and the money paid, will, in equity, bind the estate, and prevail against any judgment creditor, mesne between the articles and the conveyance; but this must be where the consideration paid is somewhat adequate to the thing purchased...
Page 298 - ... where no time is prescribed in the will for the commencement of the interest or the enjoyment of the use or income of such residue, the legatee is entitled to the interest or income of the clear residue, as afterwards ascertained, to be computed from the time of the death of the testator.
Page 468 - that any of the circuit or district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a...
Page 298 - A legacy to a child whose support and maintenance is otherwise provided for by the bounty of the testator, like a legacy to a more distant relative, or to a stranger, is not payable and does not draw interest until one year after the death of the testator, where no time of payment is prescribed by the will.
Page 195 - So, if both parties should be ignorant of a matter of law, and should enter into a contract for a particular object, the result whereof would, by law, be different from what they mutually intended; here, on account of the surprise, or immediate result of the mistake of both, there can be no...
Page 563 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.