Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 17Soney & Sage, 1868 |
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Page 15
... proceeds of the sale be distributed among the children of the testator , pursuant to the directions of his will . Mr. Depue , for complainants . The bill has two objects . 1. To correct a deed made to Jonathan A. Park , the ex- ecutor ...
... proceeds of the sale be distributed among the children of the testator , pursuant to the directions of his will . Mr. Depue , for complainants . The bill has two objects . 1. To correct a deed made to Jonathan A. Park , the ex- ecutor ...
Page 18
... proceeds applied as though the trusts were expressed in the deed . The trustee having died without executing the power , the trust survives , and equity will decree its due execution by a sale of the estate for the specified trust . 2 ...
... proceeds applied as though the trusts were expressed in the deed . The trustee having died without executing the power , the trust survives , and equity will decree its due execution by a sale of the estate for the specified trust . 2 ...
Page 32
... proceeds of sales , and appropriate them towards the payment of the mortgages in such proportions as might be agreed upon by the mortgagees respectively . Under this agreement sales of timber were made to a large amount . By a ...
... proceeds of sales , and appropriate them towards the payment of the mortgages in such proportions as might be agreed upon by the mortgagees respectively . Under this agreement sales of timber were made to a large amount . By a ...
Page 34
... proceeds given on the mortgages of the bank , cannot transfer those credits to a prior mort- gage . The answer also claims that the proceeds of the property of Mrs. Richards , sold in Philadelphia , were expended on the Batsto property ...
... proceeds given on the mortgages of the bank , cannot transfer those credits to a prior mort- gage . The answer also claims that the proceeds of the property of Mrs. Richards , sold in Philadelphia , were expended on the Batsto property ...
Page 35
... third of its value during life . By the sale of her separate property , and the appropriation of the proceeds by the husband to his own use , she became , Brown v . Richards et al . in equity , FEBRUARY TERM , 1864 . 35.
... third of its value during life . By the sale of her separate property , and the appropriation of the proceeds by the husband to his own use , she became , Brown v . Richards et al . in equity , FEBRUARY TERM , 1864 . 35.
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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?