Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 17Soney & Sage, 1868 |
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Page 23
... assignment from Hoxsey . The The terms of the contract are clear and precise . lessors demised the lot and mill , with the right and privilege of drawing and using on said lot , from the middle canal in the rear thereof , and ...
... assignment from Hoxsey . The The terms of the contract are clear and precise . lessors demised the lot and mill , with the right and privilege of drawing and using on said lot , from the middle canal in the rear thereof , and ...
Page 34
... assignment of dower , has no estate ; it is a mere chose in action . 4 Kent's Com . 61 ; Den v . Dodd , 1 Halst . R. 367 ; Andrews v . Andrews , 2 Green's R. 141 ; Davison v . Davison , 3 Green's R. 235 , 241 . If dower had been ...
... assignment of dower , has no estate ; it is a mere chose in action . 4 Kent's Com . 61 ; Den v . Dodd , 1 Halst . R. 367 ; Andrews v . Andrews , 2 Green's R. 141 ; Davison v . Davison , 3 Green's R. 235 , 241 . If dower had been ...
Page 35
... assignment of dower , has no legal estate in the land , she has rights which equity will enforce . If the timber be sold , she is entitled to the interest of one third of its value during life . By the sale of her separate property ...
... assignment of dower , has no legal estate in the land , she has rights which equity will enforce . If the timber be sold , she is entitled to the interest of one third of its value during life . By the sale of her separate property ...
Page 40
... assignment to the party in whose favor the scire facias is sued out , and that a balance was due upon the decree at the time of its assignment , are clearly proved . The proof of payment is not satisfactory . The burden of proof is upon ...
... assignment to the party in whose favor the scire facias is sued out , and that a balance was due upon the decree at the time of its assignment , are clearly proved . The proof of payment is not satisfactory . The burden of proof is upon ...
Page 53
... assignment and transfer , to be invested with all the rights of the original lessees . The in- terest of Miles Smith , one of the lessors in the demised premises , has been conveyed , by sale under judgment and execution at law , to ...
... assignment and transfer , to be invested with all the rights of the original lessees . The in- terest of Miles Smith , one of the lessors in the demised premises , has been conveyed , by sale under judgment and execution at law , to ...
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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?