The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law in Regard to Civil Rights; with an Attempt to Trace Them to Their Sources; and in which the Various Alterations Made by the Legislature Down to the Present Day are Noticed, Том 2

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Зміст

862
lxix
327
lxxii
935
lxxviii
669
lxxxvi
389
lxxxix
905
xc
PART THE THIRD
1
427
6
General Doctrines relating to Express Trusts
18
428
25
General view of the Doctrines of the Court of Chancery
31
672
40
General View of the Rights and Interests of the Cestui
51
Of Trusts created by Precatory and Recommendatory
66
Lord Eldons
79
Powers in the Nature of Trusts
80
Of Restraints on Alienation and Gifts over and Clauses
90
How far in a Series of Limitations those only may be avoided which
93
133
135
CHAPTER IV
144
As to the common Direction in Wills and Marriage Articles
156
CHAPTER V
162
Liabilities of Trustee where there is an Express Trust to accumulate 190
190
Resulting Trusts arising on Purchases made with
196
Resulting Trusts in favor of the Heir and next of Kin
222
PAGE
230
Cases considered where the Title of the Donee under the original Gift
232
Trust Estates and Interests arising from the Maxim that
254
Where Promise made to the Stranger he may
255
674
264
295
265
Miscellaneous Instances of Implied Presumptive Construc
295
considered
312
Devise to Executors as Trustees makes the Assets Equitable
318
Charges of Legacies
326
Creditors having Security not affected by the Rule of Distribution 319
330
286
336
598
346
Trust Deeds for Payment of Debts
349
Of Sales of Property Real and Personal under Trusts
365
676
368
Trustee cannot aliene to satisfy his Private Debtor
371
377
377
PAGE
382
Of Portions
390
Court will not always interfere with an Appointment made by
391
323
400
396
405
xxxviii
415
of some of the most usual Trusts of Real and Personal
474
334
498
137
511
648
524
650
538
Miscellaneous Doctrines in respect of Trusts usually found
540
Interest at 4 per cent given in some Cases on such part of the Estate
543
335
577
Of the Doctrines as to Election Satisfaction and Perform
585
400
596
CHAPTER VIII
613
434
621
326
623
652
628
Additional NoteStatutes relating to Usury
640
Person who has no Interest must not be joined with one who has
659
437
671
Of the Remedies of the Mortgagee by Foreclosure
672
Of the Parties to Bills for Redemption and for Foreclosure
695
Persons having a Partial Interest in the Equity of Redemption
701
512
703
Time as a BarStatute of Limitations
709
as chargeu
714
Doctrine of Tacking one Security or Debt to anotherand
718
sssssss
725
Esemplification of the Rule that the Money must have been advanced
739
Mortgage paid off by Tenant for Life
748
Effect as regards the Principal of the Notice which a Solicitor
754
561
759
of the Relief in Equity in case of Mortgages of Stock
770
Of the Mode in which the Account is to be taken between
806
Of the Marshaling of AssetsAs regards Creditors and Legatees
827
Doctrine of Marshaling as regards the Lien of a Vendor
833
Debts are Goods within the Stat 21 Jas I
848
589
853
OF THE TRANSFER OF EQUITABLE ESTATES AND INTERESTS AND CONTINGENT INTERESTS
872
Of the Merger of the Equitable in the Legal Estate
875
Voluntary Contracts as affecting Equitable Estates
888
How far capable of GiftWhat amounts to a Gift
893
Great Importance to ascertain whether a Charge of Debts has been
911
When Esecutors and Trustees have merely committed an Error
917
241
926
or per stirpes et v sup 419 420 471 472
955
559
968
254
975
685
984
139
992
893
997

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Сторінка 695 - ... redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee or the person claiming through him...
Сторінка 333 - The question is upon the intention, actual or presumed, of the person in whom the interests are united.
Сторінка 696 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto or his agent...
Сторінка 169 - That no person or persons shall after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
Сторінка 56 - For as a trust is an office necessary in the concerns between man and man, and which, if faithfully discharged, is attended with no small degree of trouble and anxiety, it is an act of great kindness in any one to accept it ; to add hazard or risk to that trouble, and...
Сторінка 80 - ... trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the Court as evidence, that the mind of the testator was not to create a trust; and the difficulty, that would be imposed upon the Court to say what should be so applied, or to what objects, has been the foundation of the argument, that no trust was intended"; or, as Lord Eldon expresses it in another case, (a) 2 FM.JUD.
Сторінка 172 - ... or during the minority or respective minorities only of any person or persons who under the...
Сторінка 695 - WHEN a mortgagee shall have obtained the possession or receipt of the profits of any land or the receipt of any rent comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring any action or suit to redeem the mortgage but within twelve...
Сторінка 255 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property, into which they are directed to be converted...
Сторінка 70 - 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. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...

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