Reports of Cases Adjudged in the Court of Chancery of New-York, Volumes 1-7
Banks & Brothers, 1873 - Equity
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Common terms and phrases
according accordingly admitted afterwards agreed agreement alleged allowed amount answer appear applied Arden assignment authority bill bond brought cause cents CHANCELLOR charged circumstances claim consideration considered contract conveyance costs Court death debt decision decree deed defendant delivered denied directed dollars entered entitled equity evidence examined exceptions execution executors fact filed fraud further gave give given granted ground guardian hands held injunction intended interest issue Jaques John judgment June knowledge land lease Lord master mentioned mortgage motion notes notice objection obtained paid parol parties payment performance plaintiff possession premises present principle prior proceeds proof proved purchase question reason received referred refused relief rents rule Smith sold statute sufficient suit taken tion took trust whole wife witness
Page 23 - 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 225 - Unless the essential terms of the sale can be ascertained from the writing itself, or by reference in it to something else, the writing is not a compliance with the statute ; and, if the agreement be thus defective, it cannot be supplied by parol proof, for that would at once introduce all the mischiefs which the statute was intended to prevent.
Page 122 - ... 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 451 - No decree bindeth any that cometh in bona fide by conveyance from the defendant before the bill exhibited, and is made no party, neither by bill nor order; but where he comes in pendente lite, and while the suit is in full prosecution, and without any color of allowance or privity of the court, there regularly the decree bindeth...
Page 453 - 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 126 - 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 206 - 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 194 - A voluntary settlement fairly made, is always binding in equity upon the grantor, unless there be clear and decisive proof that he never parted, or intended to part with the possession of the deed, and even if he retains it, the weight of authority is decidedly in favor of its validity, unless there be other circumstances besides the mere fact of his retaining it, to show that it was not intended to be absolute.
Page 281 - There is no principle better established in this court, nor one founded on more solid considerations of equity and public utility, than that which declares that If one man knowingly, though he does it passively by looking on, suffers another to purchase and expend money on land under an erroneous opinion of title, without making known his claim, he shall not afterwards be permitted to exercise his legal right against such person. It would be an act of fraud and injustice, and his conscience is bound...
Page 408 - The opinion of this learned chancellor is greatly respected by this court. He modifies it in some degree by afterwards saying, " but, while I assert the authority of the court to sustain such bills, I am not to be understood as encouraging applications where the fitness of the exercise of the power of the court is not pretty strongly displayed.