Cases in Equity During the Time of the Late Lord Chancellor Talbot [1730-1737]: With Tables of the Names of the Cases and Principal Matters, Volume 5

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A. Strahan and W. Woodfall, 1792 - Equity - 431 pages

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Page 20 - But where both articles and settlement are previous to the marriage, at a time when all parties are at liberty, the settlement differing from the articles will be taken as a new agreement between them and shall controul the articles.
Page xix - ... perception of the profits of an estate, which are not to be paid at any one certain time, but only as the tenants of the land bring them in, some at one time, some at another.
Page xix - ... or some penalty upon the grantor, which he must undergo, if the grantee sued at law, and which would oblige him to come into this Court for relief; which the Court will not grant, but upon equal terms, and those can be no other, but decreeing the grantor to pay the arrears, with interest...
Page 39 - If such laws are violated, and the defendant takes advantage of the plaintiff's condition or situation, there the plaintiff shall recover...
Page 39 - If the act is in itself immoral, or a violation of the general laws of public policy, there, the, party paying shall not have this action ; for where both parties are equally criminal against such general laws, the rule is, potior est conditio defendentis.
Page 281 - And now, ten years after the commencement of the suit, he insists he is a public minister, and therefore all the proceedings against him null and void. Though this is a very unfavourable case, yet, if the defendant is truly a public minister, I think he may now insist upon it; for the privilege...
Page 226 - That resolution appeared in every view of it to be so considerable in the present case, that we caused the record to be searched, and find it to agree in the material parts thereof with the printed report : and therefore, however unwilling we may be to extend executory devises beyond the rules generally laid down by our predecessors ; yet upon the authority of that judgment, and its conformity to several late determinations in cases of terms for years, and considering that the power of alienation...
Page 176 - Tbo" mos his grandion for life, remainder to his firft " and other fons in tail male, remainder to his " daughters in tail, remainder to Margaret and " Mi.rtba, with feveral remainders over...
Page 283 - I do not think he is intrusted to transact affairs between the two crowns : the commission is, to assist his Prussian Majesty's subjects here in their commerce ; and so is the allowance. Now this gives him no authority to intermeddle with the affairs of the King; which makes his employment to be in the nature of a consul.
Page 37 - I take it, an action to recover back what had been paid, in part of principal and legal interest, upon an usurious contract; and, therefore the action would not lie, for so far as principal and legal interest went, the debtor was obliged, in natural justice, to pay, therefore he could not recover it back. But for all above legal interest, equity will assist the debtor to retain, if not paid, or an action will lie to recover back the surplus, if the whole has been paid.

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