Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volume 5J.J. Moore, 1867 |
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action aforesaid agreement alleged amount Andrew McAuley appeared application assignment attorney authority Averment bank bill breach cestui que trusts charged Cheeke cheque circumstances claim Cobbity consideration contract conviction costs Court Court of Equity creditors Crown debt decision declaration deed defendant defendant's delivered demurrer Deniliquin devise entitled equity evidence executed fact Faucett fee simple fendant fraud Goodey granted Hargrave heir held Hughes indorsement insolvent instrument John Terry Judge judgment jurisdiction jury justices land lease liable Lord Lord Chancellor matter Matthews McIsaacs ment Messrs mortgage municipality negotiable instruments obtained offence opinion paid parties partnership payment person petition plaintiff plea pleaded possession present prisoner proceedings promise promissory note purchase question Redmire reply residuary residuary estate respect rule says second count sequestration shareholders South Wales statute Stephen Terry testator testator's thereof Thomson trespass trial verdict watercourses
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Halaman 280 - It would be a novel incident annexed to land, that the owner and occupier should, for purposes wholly unconnected with that land, and merely because he is owner and occupier, have a right of road over other land.
Halaman 240 - ... care of the person employed ; but neither the principle of the rule, nor the rule itself, can apply to a case where the party sought to be charged does not stand in the character of employer to the party by whose negligent act the injury has been occasioned.
Halaman 51 - In order to constitute a valid dedication to the public of a highway by the owner of the soil, it is clearly settled that there must be an intention to dedicate...
Halaman 160 - Keb., 115, 132, which was an action by the indorsee against the drawer of a bill of exchange. 'The...
Halaman 46 - Implied trusts are those which are deducible from the nature of the transaction, as a matter of clear intention, although not found in the words of the parties ; or which are superinduced upon the transaction by operation of law, as matter of equity, independent of the particular intention of the parties.
Halaman 80 - If a party, having a right, stands by and sees another dealing with the property in a manner inconsistent with that right, and makes no objection while the act is in progress, he cannot afterwards complain.
Halaman 350 - bind" to mean that the debtor, or those claiming under him, shall not have power to convey, or do any act, as against the right of the party in whose favour the debt is bound ; and we construe it as not giving any property in the debt, in the nature of a mortgage or lien, but a mere right to have the security enforced...
Halaman 392 - ... that all may reasonably use it who have a right of access to it, that none can have any property in the water itself, except in the particular portion which he may choose to abstract from the stream and take into his possession, and that during the time of his possession only. But each proprietor of the adjacent land has the right to the usufruct of the stream which flows through it.
Halaman 135 - In case of any action founded upon a bill of exchange, or other negotiable instrument, it shall be lawful for the court or a judge to order that the loss of such instrument shall not be get up, provided an indemnity is given, to the satisfaction of the court or judge, or a master, against the claims of any other person upon such negotiable instrument.
Halaman 77 - But if a vendor or mortgagor agrees to sell or mortgage property, real or personal, of which he is not possessed at the time, and he receives the consideration for the contract and afterwards becomes possessed of property answering the description in the contract, there is no doubt that a court of equity would compel him to perform the contract and that the contract would, in equity, transfer the beneficial interest to the mortgagee or purchaser immediately on the property being acquired.