Reports of Cases Argued and Determined in the Court of Chancery of the State of New-York [1828-1845], Volume 6Gould & Banks, 1838 |
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Page 32
... original creditor for the payment of his debt , not only as against the prin- cipal debtor , but also as against the co - sureties , to the extent they are eq- uitably bound to contribute . THIS was an appeal from a decision of a vice ...
... original creditor for the payment of his debt , not only as against the prin- cipal debtor , but also as against the co - sureties , to the extent they are eq- uitably bound to contribute . THIS was an appeal from a decision of a vice ...
Page 35
... original alien- ations of the mortgagor who is personally liable for the debt . It is equal- ly applicable to several conveyances of separate parcels of the mortgaged premises , made at different times , by his grantee who conveys with ...
... original alien- ations of the mortgagor who is personally liable for the debt . It is equal- ly applicable to several conveyances of separate parcels of the mortgaged premises , made at different times , by his grantee who conveys with ...
Page 39
... original alienations by the mortgagor who is personally liable for the payment of the debt . The prin- ciple is equally applicable to several conveyances at dif- ferent times , by a grantee of the whole or a part of the mortgaged ...
... original alienations by the mortgagor who is personally liable for the payment of the debt . The prin- ciple is equally applicable to several conveyances at dif- ferent times , by a grantee of the whole or a part of the mortgaged ...
Page 40
... original mortgagors of the premises by conveyances of different dates . And as the proceeds of Patterson's 20 acres was the primary fund for the satisfac- tion of the lien of the mortgage on the whole 60 acres , the release to Hammond ...
... original mortgagors of the premises by conveyances of different dates . And as the proceeds of Patterson's 20 acres was the primary fund for the satisfac- tion of the lien of the mortgage on the whole 60 acres , the release to Hammond ...
Page 44
... original notice . An order to stay proceedings on the part of the complainant until security for costs is filed , only operates upon him ; but does not prevent the defendant from taking any steps to terminate the suit in the mean time ...
... original notice . An order to stay proceedings on the part of the complainant until security for costs is filed , only operates upon him ; but does not prevent the defendant from taking any steps to terminate the suit in the mean time ...
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Common terms and phrases
affidavit alleged allowed amount answer appeal application assignment bank benefit bill bona fide purchaser bond and mortgage cause claim complainant complainant's contract conveyance conveyed corporation costs court of chancery court of equity creditors death debt decedent decision decree deed defendant demurrer devise district Eckford entitled equitable lien equity equity of redemption Evertson execution executors fact fendant filed fund guardian ad litem heir at law infant injunction insolvent intended interest Jacocks John judgment land legacies legal title legatee lien loan marriage matter ment mortgaged premises mortgagor ne exeat New-York owner paid Paige's Rep parties payment personal estate Peter Knapp plainant proceedings proper provisions purchase purpose question real estate received rent residuary devisee residuary estate revised statutes Schenectady solicitor Stratton & Winthrop subsequent suit surety surrogate testator's thereof tion trustees valid vice chancellor void whole wife
Popular passages
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.