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acres admits affidavit agreed agreement alleged amendments amount answer appear applied appointment assignment authority bank benefit bill bond cause chancellor chancery charged claim commissioners complainant condition consideration contract convey conveyance court creditors debts decree deed defendant demurrer denied Detroit dissolve doubt effect entered entitled equity evidence execution express fact filed firm fraud further given granted ground held Hogge improvements injunction intended interest issued Johns Jones judgment jurisdiction land leave liabilities matter Matthews Michigan Millerd mortgage motion necessary notes notice object obtained officers original paid Paige partnership party payment performance person plea possession premises present proceedings provisions purchase question reason receiver record referred refused relief remedy rule says sold statute street sufficient suit sustained taken thereof tion trust whole witnesses
Halaman 183 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Halaman 91 - ... such as the party would not have done unless on account of that very agreement, and with a direct view to its performance ; and the agreement set up must appear to be the same with the other partly performed. There must be no equivocation or uncertainty in the case.
Halaman 256 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Halaman 115 - that every deed conveying real estate which, by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage...
Halaman 37 - These policies are not insurances of the specific things mentioned to be insured, nor do such insurances attach on the realty, or in any manner go with the same as an incident thereto, by any conveyance or assignment, but they are only special agreements with the persons insuring against such loss or damages as they may sustain.
Halaman 242 - Nothing can call forth this court into activity but conscience, good faith and reasonable diligence. When these are wanting the court is passive and does nothing.
Halaman 449 - It is well settled that if a party sets up part performance to take a parol agreement out of the statute, he must show acts unequivocally referring to and resulting from that agreement ; such as the party would not have done unless on account of that very agreement and with a direct view to its performance ; and the agreement set up must appear to be the same with the one partly performed. There must be no equivocation or 'uncertainty in the case.
Halaman 320 - Chancery will not relieve against a judgment at law, on the ground of its being contrary to equity, unless the defendant in the judgment was ignorant of the fact in question pending the suit, or it could not have been received as a...
Halaman 322 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration as the remedy in equity.