Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 17Soney & Sage, 1868 |
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Page 49
... matter in dispute , the controversy may be settled with little delay or expense . If the court should refuse to give that relief , the party is not deprived of his remedy at law . It cannot be that the mortgagee , by mistaking his true ...
... matter in dispute , the controversy may be settled with little delay or expense . If the court should refuse to give that relief , the party is not deprived of his remedy at law . It cannot be that the mortgagee , by mistaking his true ...
Page 58
... matter for compensation , will depend upon the character of the building , and the use to which it was applied , and this will form a proper subject of inquiry before the master . Executor of Kearney v . Kearney . EDWARD KEARNEY , 58 ...
... matter for compensation , will depend upon the character of the building , and the use to which it was applied , and this will form a proper subject of inquiry before the master . Executor of Kearney v . Kearney . EDWARD KEARNEY , 58 ...
Page 81
... matter of doubt , it is , nevertheless , in accordance with a previous decision of this court , which , so far as I am aware , has not been questioned by any judicial tribunal of the state . It is of great import- ance that the law ...
... matter of doubt , it is , nevertheless , in accordance with a previous decision of this court , which , so far as I am aware , has not been questioned by any judicial tribunal of the state . It is of great import- ance that the law ...
Page 84
... matter be thereby rendered . inconvenient , and the value of the premises diminished . This charge is material and significant , only where the road is constructed without authority , and the evil complained of is a public nuisance , as ...
... matter be thereby rendered . inconvenient , and the value of the premises diminished . This charge is material and significant , only where the road is constructed without authority , and the evil complained of is a public nuisance , as ...
Page 88
... matter which will subject him to a penalty or forfeiture , or to any loss in the nature of a forfeiture . 8. A mortgagee , who has dismissed a bill which he had exhibited in his own name for the foreclosure of his mortgage , and to ...
... matter which will subject him to a penalty or forfeiture , or to any loss in the nature of a forfeiture . 8. A mortgagee , who has dismissed a bill which he had exhibited in his own name for the foreclosure of his mortgage , and 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?