Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 17Soney & Sage, 1868 |
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Page 19
... answer sets up new matter in avoidance , the injunction will not be dissolved or denied upon the answer alone . 2. New matter , by way of justification or avoidance of the matters con- tained in the bill , will not avail the defendant ...
... answer sets up new matter in avoidance , the injunction will not be dissolved or denied upon the answer alone . 2. New matter , by way of justification or avoidance of the matters con- tained in the bill , will not avail the defendant ...
Page 20
... answer . The answer also admits that no gauge has been inserted by the defendant , pursuant to the terms of his agreement . This establishes our case . There is no covenant in the lease to maintain any desig- nated head of water , nor ...
... answer . The answer also admits that no gauge has been inserted by the defendant , pursuant to the terms of his agreement . This establishes our case . There is no covenant in the lease to maintain any desig- nated head of water , nor ...
Page 22
... answer admits that the society own all the mill sites , and consequently all the water power , except such as they have sold or leased . If the defendant alleges that they have parted with their rights , the proof of that fact is upon ...
... answer admits that the society own all the mill sites , and consequently all the water power , except such as they have sold or leased . If the defendant alleges that they have parted with their rights , the proof of that fact is upon ...
Page 25
... answer to show that it is impossible to use more than two square feet of water on the defendant's wheel , and that ... answer by way of jus- tification or avoidance . It would , perhaps , be a sufficient answer to the matters insisted on ...
... answer to show that it is impossible to use more than two square feet of water on the defendant's wheel , and that ... answer by way of jus- tification or avoidance . It would , perhaps , be a sufficient answer to the matters insisted on ...
Page 26
... answer sets up new matter in avoidance , the injunction will not be dissolved or denied . Butler v . The Society , 1 Beas . 266 , 506 ; Green v . Pallas , Ibid . 267 ; Allen v . Craberoft , Barn . Ch . R. 373 ; Minturn v . Seymour , 4 ...
... answer sets up new matter in avoidance , the injunction will not be dissolved or denied . Butler v . The Society , 1 Beas . 266 , 506 ; Green v . Pallas , Ibid . 267 ; Allen v . Craberoft , Barn . Ch . R. 373 ; Minturn v . Seymour , 4 ...
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Common terms and phrases
admitted agreement alleged amount answer appellant assignment Auble Barcalow Bergen bill bond and mortgage cestui que trust Chancellor charge chattels chose in action claim complainant complainant's contract conveyance conveyed counsel Court of Chancery court of equity covenant creditors Curtis White daughter debt deceased decree deed defendant defendant's denied devised dower entitled evidence execution executors fact farm fendant filed Franklinite fraud fund given grantor Green's Ch ground held husband injunction interest issue John judgment Kearney land lease legacy legatee lien loan Marshman ment Morris Canal mortgagor one-eighth opinion owner paid Paige parties Paterson Horse Railroad payment petitioner plainant plaintiff principal proof proved purchase question real estate receiver Reford relief residuary rule settled share sold Staats statute statute of frauds Story's Eq suit testator's testimony tion Trimmer usury Weehawken Ferry widow wife witness
Popular passages
Page 283 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 38 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Page 55 - But when the covenant extends to a thing which is not in being at the time of the demise made, it...
Page 589 - ' the established inference of law is that a conveyance of land bounded on a public highway carries with it the fee to the center of the road, as part and parcel of the grant.
Page 79 - The two uses are almost, if not wholly, inconsistent with each other, so that taking the highway for a railroad will nearly supersede the former use to which it had been legally appropriated.
Page 309 - But it is a rule which applies universally to all who come within its principle ; which principle is, that no party can be permitted to purchase an interest in property and hold it for his own benefit, where he has a duty to perform in relation to such property which is inconsistent with the character of a purchaser on his own account and for his individual use.
Page 131 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Page 19 - It is not consistent with good faith, nor with the duty which the connection of the parties, as claimants of a common subject, created, that one of them should be able, without the consent of the other, to buy in an outstanding title, and appropriate the whole subject to himself, and thus undermine, and oust his companion.
Page 78 - ... bargain" (again using Madison's word), by which the present peace and quiet of the United States, as well as their future prosperity and greatness, were largely secured, and which was brought about by the sacrifice of the interests of individual citizens, falls within the intent and meaning of the Constitution, which prohibits the taking of private property for public use without just compensation.
Page 186 - ... the foreclosure of the mortgage and the sale of the mortgaged premises; but what deficiency judgment was It that he thus assumed to pay?