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, Том 1

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Сторінка 77 - 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 373 - ... 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 531 - Upon this subject, a Court of Equity is not guided by the rules of law. It will sometimes hold a charge extinguished, where it would subsist at law; and sometimes preserve it, where at law it would be merged. The question in ordinary cases is upon the intention, actual or presumed, of the person in whom the interests are united.
Сторінка 491 - 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...
Сторінка 235 - 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 ; and because he, in fact, cannot have the same remedy against the principal as he would have had under the original contract...
Сторінка 183 - To preserve testimony, when in danger of being lost, before the matter to which it relates can be made the subject of judicial investigation.
Сторінка 235 - A surety," to use the language of Sir S. Romilly's reply, "will be entitled to every remedy which the creditor has against the principal debtor, to enforce every security and all means of payment; to stand in the place of the creditor...

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