Reports of Cases Adjudged in the Court of Chancery of New-York: Containing the Cases from March, 1814 to [July, 1823] ... Inclusive, Volume 1

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E. F. Backus, State-street, Van Winkle & Wiley, printers, 1816 - Equity
 

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Page 18 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be "computed on the balance, as aforesaid.
Page 17 - If the payment exceeds the interest, the surplus goes towards discharging the principal, and the subsequent interest is to be computed on the balance of the principal remaining due. If the payment be less than the interest, the surplus of interest must not be taken to augment the principal, but interest continues on the former principal until the period when the payments taken together exceed the interest due...
Page 143 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof, 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, or some other person thereunto...
Page 576 - But he, who purchases during the pendency of the suit, is bound by the decree, that may be made against the person, from whom he derives title. The litigating parties are exempted from the necessity of taking any notice of a title, so acquired. As to them it is as if no such title existed. Otherwise, suits would be indeterminable : or, which would be the same in effect, it would be in the pleasure of one party, at what period the suit should be determined.
Page 149 - It is well settled, that if a party sets up part performance, to take a parol agreement out of the statute, he must show acts unequivocally referring to, and resulting from, that agreement ; such as the party would not have done, unless on account of that very agreement, and with a direct view to its performance ; and the agreement set up must appear to be the same with the one partly performed. There must be no equivocation or uncertainty in the case.
Page 256 - If both parties be present, and the usual formalities of execution take place, and the contract is to all appearance * 456 consummated without any conditions or qualifications * annexed, it is a complete and valid deed, notwithstanding it be left in the custody of the grantor.
Page 299 - The true construction of the act appears to be, that the registry is notice of the contents of it, and no more, and that the purchaser is not to be charged with notice of the contents of the mortgage, any further than they may be contained in the registry. The purchaser is not bound to attend to the correctness of the registry. It is the business of the mortgagee, and if a mistake occurs to his prejudice, the consequences of it lie between him and the clerk, and not between him and the bona fide...
Page 375 - But it is a different thing to say that the appointment of a day is to have no effect at all ; and that it is not in the power of the parties to contract that, if the agreement is not executed at a particular time, they shall be at liberty to rescind it.
Page 98 - ... so, where a verdict has been obtained by fraud, or where a party has possessed himself improperly of something by means of which he has an unconscientious advantage at law, which equity will either put out of the way, or restrain him from using ; but, without circumstances of that kind...
Page 663 - Kent laid it down as an established rule that " a lis pendens, duly prosecuted, and not collusive, is notice to a purchaser so as to affect and bind his interest by the decree ; and the lis pendens begins from the service of the subpoena after the bill is filed.

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