A General Treatise on the Principles and Practice by which Courts of Equity are Guided as to the Prevention Or Remedial Correction of Fraud: With Numerous Incidental Notices of Collateral Points, Both of Law and Equity, Volume 2S. Sweet, 1825 - Fraud |
Common terms and phrases
9 Ves act of bankruptcy agistment agreement apply appointment assignees Attorney-General award bank bankrupt bankruptcy bill bond Chancellor charity circumstances claim commis commission common Law compel compos contract conveyance Court of Chancery Court of Equity covenant creditors debt debtor decree deed ditors Eliz enforced entitled Equi execution executor favor fraud fraudulent Freem Glyn & Jameson grant Gwill heir held intention interest joint Junr jurisdiction lands lease lien Lord Chancellor Lord Eldon lunatic marriage ment Meriv mortgagee mortgagor neral obtained parol partner partnership party payment petition plaintiff possession Price principle prove purchaser purpose respect rule rupt Senr settlement shew sion specific performance statute statute of frauds subsequent surety Swanst tenant tion tithe trade transaction trust ubi suprà unless vendee vendor Vern void
Popular passages
Page 291 - ... or whenever the direction or order of a court of equity shall be deemed necessary for the administration of any trust for charitable purposes...
Page 293 - ... lord chancellor, lord keeper, or lords commissioners of the great seal for the time being...
Page 2 - ... of law to the particular case. It was against conscience to suffer the party who had entered and expended his money on the faith of a parol agreement to be treated as a trespasser, and the other party to enjoy the advantage of the money he had laid out.
Page 288 - In like manner, in the case of charity, the king, pro bono publico, has an original right to superintend the care thereof, so that, abstracted from the statute of Elizabeth relating to charitable uses, and antecedent to it, as well as since, it has been every day's practice to file informations in Chancery in the Attorney-General's name, for the establishment of charities.
Page 448 - ... by any contract for the purchase or sale of any government or other stock, where such contract was not to be performed within one week after the contract, or where the stock bought or sold was not actually transferred or delivered in pursuance of such contract...
Page 150 - ... less inconvenience in granting the injunction, until the legal question can be tried, than in dissolving it at the hazard, that the grant of the Crown may in the result prove to have been valid.
Page 368 - Provided also, that where a commission has been superseded, if any other commission shall issue against any person or persons comprised in such first commission, within two calendar months next after it shall have been superseded, no such conveyance, contract, dealing, or transaction, execution or attachment, shall be valid, unless made, entered into, executed, or levied more than two calendar months before the issuing the first commission.
Page 3 - I take it that nothing is considered as a part performance which does not put the party into a situation that is a fraud upon him, unless the agreement is performed. For instance, if, upon a parol agreement, a man is admitted into possession, he is made a trespasser and is liable to answer as a trespasser if there be no agreement.
Page 87 - in cases of fraud, equity should relieve, even against the words of the statute, as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in and executed in lieu of the former...
Page 291 - ... as to him or them shall seem just; and such order shall be final and conclusive unless the party or parties who shall think himself or themselves aggrieved thereby, shall, within two years from the time when such order shall have been passed and entered by the proper officer, have preferred an appeal from such decision to the House of Lords, to whom, it is hereby enacted and declared that an appeal shall lie from such order.