Reports of Cases Adjudged in the Court of Error and Appeal, 第 2 卷Carswell, 1866 |
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action Adam Graves agreement Allan alleged amount Angus Macdonell appellants assignment Bank of Upper benefit bill Brian Carpenter Brydges and Reynolds circumstances claim Common Pleas contract conveyance conveyed Court of Chancery court of equity Court of Queen's creditors Davidson debt debtor decree deed defendant Detroit and Milwaukee dismissed with costs Duncan McDonald effect ejectment endorsed entitled equity of redemption Esten evidence execution executors fact father given ground heir held intended interest James Graves John Fisher Juson Justice Knowlson lands liable Lower Canada Macdonell McDonald ment Messrs Milwaukee Railway mortgage mortgagor nonsuit objection paid parties payment person plaintiff premises purchase money Queen's Bench question Railway Company reason recovered registered judgment release respondents rule nisi sheriff shew Smith & Henderson Statement statute suit surety thereof tion Toronto transaction trial trust Upper Canada Vankoughnet void Walker Western Railway writ
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第 416 頁 - ... would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth.
第 198 頁 - Act, or any part thereof, as he would be entitled to in case the person against whom such judgment shall have been so entered up had power to charge the same hereditaments, and had by writing under his hand agreed to charge the same with the amount of such judgment debt and interest thereon.
第 58 頁 - ... have been and are devised and contrived of malice, fraud, covin, collusion, or guile, to the end, purpose, and intent to delay, hinder, or defraud creditors...
第 344 頁 - ... the discharge in the book, in his own handwriting, repels the claim which he would otherwise have had against the father from the rest of the evidence as it now appears. Therefore the entry made by the party was to his own immediate prejudice, when he had not only no interest to make it, if it were not true, but he had an interest the other way, not to discharge a claim which it appears from other evidence that he had.
第 50 頁 - ... where a Court of Equity has ever done that. Whenever you come into equity to raise an interest by way of trust you must have a valuable or at least a meritorious consideration.
第 65 頁 - ... made, to or for any intent or purpose before declared and expressed, shall be from henceforth deemed and taken (only as against that person or persons, his or their heirs, successors, executors, administrators and assigns, and every of them, whose actions, suits, debts, accounts, damages...
第 505 頁 - Exchequer to issue immediate process in the nature of an execution ; but it also provided by the 79th section, " that if any person or persons of whom any such debt or duty is or at any time hereafter shall be demanded or required, allege, plead, declare or shew in any of the said Courts, good, perfect, and sufficient cause and matter in law, reason or good conscience...
第 477 頁 - ... parent for an injury to her child. In such a case I am of opinion that the jury may take into consideration all that she can feel from the nature of the loss.
第 65 頁 - I am of opinion that it is not applicable to the present; for, there, the deed contained minute provisions investing the trustees with power to carry on the trade, for which purpose they were...
第 84 頁 - I am beund to say that a deed which does not fairly devote the property of a person overwhelmed with debt, to the payment of his creditors, but reserves a portion of it to himself, unless the creditors assent to such terms as he shall subscribe, is, in law, fraudulent and void, as against the statute of frauds, being made with intent to delay, hinder, or defraud creditors of their just and legal actions.