Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 32Soney & Sage, 1880 |
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Halaman 5
... existence and validity of the interest , estate , right or encum- brance in question . The fact that there has been a sale of the land under the assessment proceedings will not of itself entitle the com- plainant to relief in this court ...
... existence and validity of the interest , estate , right or encum- brance in question . The fact that there has been a sale of the land under the assessment proceedings will not of itself entitle the com- plainant to relief in this court ...
Halaman 30
... existence of the agreement , and that the provision embodying it was omitted by mistake from the deed ; but , as before mentioned , they do not swear that the omission was through mutual mistake . It is worthy of remark that their bill ...
... existence of the agreement , and that the provision embodying it was omitted by mistake from the deed ; but , as before mentioned , they do not swear that the omission was through mutual mistake . It is worthy of remark that their bill ...
Halaman 31
... existence of the agreement is affirmed by the complainants and as positively denied by the defendants ; neither the bill nor the affidavit attached to it states that the alleged mistake was mutual ; the defendant denies that there was ...
... existence of the agreement is affirmed by the complainants and as positively denied by the defendants ; neither the bill nor the affidavit attached to it states that the alleged mistake was mutual ; the defendant denies that there was ...
Halaman 32
... existence of the agreement itself , irrespective of the prayer for reformation . It is enough to say on this point that the existence of the agreement is positively denied by the defendant , and the deed must be presumed to contain the ...
... existence of the agreement itself , irrespective of the prayer for reformation . It is enough to say on this point that the existence of the agreement is positively denied by the defendant , and the deed must be presumed to contain the ...
Halaman 37
... existence of the complainant's mortgage . Mr. Anderson swears that Sage , when he took his mortgage , knew that he ( Anderson ) had given the complainant's mort- gage , and Sage , who was sworn in the cause , does not deny it ; and he ...
... existence of the complainant's mortgage . Mr. Anderson swears that Sage , when he took his mortgage , knew that he ( Anderson ) had given the complainant's mort- gage , and Sage , who was sworn in the cause , does not deny it ; and he ...
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Istilah dan frasa umum
acres agreement alleged amount annuity answer appears assessment assignment Bank Beav bill bond and mortgage C. E. Gr chancellor claim Colt complainant complainant's consideration contract conveyance conveyed court court of chancery court of equity creditors Dayton death debt deceased declared decree deed defendant deposit divorce East Jersey encumbrance entitled equity evidence executed executors fact filed final hearing foreclosure fraud gage given Graham granted ground hearing on pleadings heirs held husband injunction insolvency intended interest invested Jersey City John judgment land legacy legatee Lehigh Valley liable lien marriage matter mechanics lien Melick ment Morgan G mort mortgage mortgaged premises mortgagor Newark owner paid parties payment person plainant proof purchase question railroad real estate received relief respondent Roswell L says Schenck share sold statute Stew suit testator's testatrix testimony thereof tion trust Vail Vreeland wife Williams
Bagian yang populer
Halaman 407 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Halaman 308 - ... contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Halaman 37 - And also, all the estate, right, title, interest, dower, and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances...
Halaman 36 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances...
Halaman 433 - This suit is brought under the act "to compel the determination of claims to real estate in certain cases, and to quiet the title to the same.
Halaman 172 - A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed.
Halaman 31 - It is clear that a person who seeks to rectify a deed upon the ground of mistake must be required to establish, in the clearest and most satisfactory manner, that the alleged intention to which he desires it to be made conformable continued concurrently in the minds of all parties down to the time of its execution, and also must be able to show exactly and precisely the form to which the deed ought to be brought.
Halaman 223 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Halaman 230 - When the demands of both parties spring out of the same contract or transaction, the defendant may recoup, although the damages on both sides are unliquidated ; but he can only set off when the demands of both parties are liquidated, or capable of being ascertained by calculation.
Halaman 370 - ... faithfully and impartially to examine the matter in question and' to make a true" report according to the best of their skill and understanding...