A Treatise on the Principles and Practice of the High Court of Chancery: Under the Following Heads: I. Common Law Jurisdiction. II. Equity Jurisdiction. III. Statutory Jurisdiction. IV. Specially Delegated Jurisdiction, Томи 1 – 2
J. & W.T. Clarke, 1820
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Сторінка 98 - In relief against conscience or public convenience, has always refused Its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Сторінка 97 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive and does nothing.
Сторінка 354 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Сторінка 430 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Сторінка 426 - Then he is to see that this is a decree binding the parties claiming the estate ; that is, to see that all proper parties to be bound are before the Court ; and he has further to see, that taking the conveyance he takes a title that cannot be impeached aliunde.
Сторінка 7 - Which provision (with a little accuracy in the clerks of the Chancery, and a little liberality in the judges, by extending rather than narrowing the remedial effects of the writ,) might have effectually answered all the purposes of a court of equity ; except that of obtaining a discovery by the oath of the defendant (z).
Сторінка 227 - And in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to the principal, has put it out of the power of the surety to consider whether he will have recourse to his remedy, against the principal, or not, ami. because he, in fact, cannot have the same remedy against the principal as he would have had under the original contract It has.
Сторінка 475 - The cases are uniform to this extent ; that if trustees, before the first tenant in tail is of age, join in destroying the remainders, they are liable for a breach of trust ; and so is every purchaser under them with notice. But when we come to the situation of trustees to preserve remainders, who have joined in a recovery after the first tenant in tail is of age, it is difficult to say more, than that no judge in equity has gone the length of holding that he would...
Сторінка 39 - Where articles contain covenants for the performance of several things, and then one large sum is stated at die end to be paid upon breach of performance, that must be considered as a penalty...