Decisions of the Sudder Dewanny Adawlut, Recorded in English, in Conformity to Act XII, 1843, in 1845[-1861]: With Indexes of Names of Parties, and the Causes of Action, and Principal Points Touched Upon in the Decisions, 第 2 篇

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W. Ridsdale, Bengal Military Orphan Press, 1861
 

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第 70 頁 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
第 115 頁 - Touchstone, that in order to constitute the delivery of a writing as an escrow, it is not necessary it should be done by express words, but you are to look at all the facts attending the execution, — to all that took place at the time, and to the result of the transaction ; and therefore, though it is in form an absolute delivery, if it can reasonably be inferred that it was delivered not to take effect as a deed till a certain condition was performed, it will nevertheless operate as an escrow.
第 181 頁 - ... on the part of the guardian. . For in all such cases the relation is still considered as having an undue influence upon the mind of the ward, and as virtually subsisting, especially if all the duties attached to the situation have not ceased, as if the accounts between the parties have not been fully settled, or if the estate still remains in some sort under the control of the guardian'": 1 259 Story's Equity, sec.
第 166 頁 - Every manager of the estate of a lunatic appointed as aforesaid may exercise the same powers in the management of the estate as might have been exercised by the proprietor if not a lunatic...
第 164 頁 - Act for making better provision for the care of the persons and property of minors in the Presidency of Fort William in Bengal.
第 69 頁 - ... erroneous. I have paid very great attention to this case, which I am especially bound to do, differing as I do from the decision of the LORD CHANCELLOR, believing the true rule in equity to be that which I have stated. The only ground on which I understand the decision was rested was this, that where a man having an interest in property stands by and sees another man dealing with that property, as owner, with another person who is ignorant of the want of title in the *person with whom he is dealing,...
第 77 頁 - But when the trust relation is repudiated, or time <and long acquiescence have obscured the nature and character of the trust, or the acts of the parties or other circumstances give rise to presumptions unfavorable to its continuance, in all such cases a court of equity will refuse relief on the ground of lapse of time, and its inability to do complete justice.
第 77 頁 - ... the origin and existence of a trust, the principles of justice and the interests of mankind require that the lapse of time should not enable those who are mere trustees to appropriate to themselves that which is the property of others...
第 167 頁 - Certificate to the Public Curator or any other person as the case may be, and may compel the person whose Certificate has been recalled to make over the property in his hands to his successor, and account to such successor for all moneys received and disbursed by him.
第 77 頁 - But where this relation is no longer admitted to exist, or time and long acquiescence have obscured the nature and character of the trust, or the acts of the parties or other circumstances give rise to presumptions unfavorable to Its continuance...

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