Reports of Cases Decided in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, 7. kötet
MacCrellish & Quigley, 1882
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according action administrator agreed agreement alleged allowed amount answer appears applied assignment authority Bank bill bond C. E. Gr CHANCELLOR charge claim clear complainant complainant's consideration contract conveyed corporation costs court creditors death debt decree deed defendant denied directed entitled equity evidence execution executors existence fact farm filed fraud fund further gave give given ground hands held hold husband interest issued John judgment land lien loan March matter mort mortgage mortgagor never notice object obtained orphans court paid parties payment person possession premises present proceedings proof purchase question railroad reason received record relief respect respondent rule says share Smith sold statute Stew subsequently suit taken thereof tion took trust whole wife
320. oldal - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
460. oldal - ... proceeded upon that footing between the parties, then, although it may not contain any covenants of title in the technical sense of the term, still the legal operation and effect of the instrument will be as binding upon the grantor and those claiming under him, in respect to the estate thus described, as if a formal covenant to that effect had been inserted, at least so far as to estop them from ever afterwards denying that he was seised of the particular estate at the time of the conveyance.
460. oldal - The principle deducible from these authorities seems to be that whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth...
471. oldal - As regards the first, it may be answered that whether anything is a nuisance or not is a question to be determined, not merely by an abstract consideration of the thing itself, but in reference to its circumstances. What would be a nuisance in Belgrave square would not necessarily be so in...
323. oldal - ... person or no such person able and willing to act, then the surviving or continuing trustees or trustee...
460. oldal - And, therefore, if the deed bears on its face evidence that the grantors intended to convey, and the grantee expected to become invested with, an estate of a particular description or quality, and that the bargain had proceeded upon that footing between the parties, then, although it may not contain any covenants of title, in the technical sense of the term, still, the legal operation and effect of the instrument will be as binding upon the grantor and those claiming under him, in respect to the...
460. oldal - The reason is that the estate thus affirmed to be in the party at the time of the conveyance, must necessarily have influenced the grantee in making the purchase, and hence the grantor and those in privity with him, in good faith and fair dealing, should be forever thereafter precluded from gainsaying it.
496. oldal - The general rule is that nothing is to be considered as a part performance which does not put the party into a situation which is a fraud upon him, unless the agreement is fully performed.
134. oldal - So jealous is the law upon this point, that a trustee may not put himself in a position, in which to be honest must be a strain upon him.
388. oldal - ... in his own affairs. For, if the mistake be such as with proper care might have been avoided, they ought to be liable. If, on the other hand, the mistake be such as the directors might well make, notwithstanding the exercise of proper care, and if they acted in good faith and for the benefit of the Screw Company, they ought not to be liable.