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admits aforesaid agreement Albert and wife alimony alleged Alleghany county amount answer appears application appointed assignment avers Baltimore County Court bank bill was filed cause Chancellor Chancery charges circumstances city of Baltimore claim complainant consideration contract conveyance conveyed Court of Appeals Court of Chancery court of equity Craney Island creditors Dawson and Norwood debt decree deed defendant denies detinue entitled evidence executed executor facts fieri facias fraud fraudulent Gelston Gibson Gill granted grantor ground Hancock and Mann husband injunction insolvent laws interest Jesse Hughes John John Glenn Jones judgment jurisdiction land lien marriage ment mortgage mortgagor notes opinion paid parties passed payment pendente lite petition petitioner plaintiff possession prays proceedings proceeds proof purchase money question real estate relief rule Schley settlement sold statute statute of frauds suit supplemental bill testator thereof tion trustee Winn and Ross witness
Seite 173 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Seite 232 - A court of equity, which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, (15) 3 Bro. CC 639. where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this Court into activity, but conscience, good faith, and reasonable diligence : where these are wanting, the Court is passive and does nothing. Laches and neglect are always discountenanced, and therefore from the beginning of this jurisdiction,...
Seite 114 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them; or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors...
Seite 289 - There can be no doubt of the power of the Court to grant a new trial where in such an action the damages are excessive.
Seite 284 - The act of 1729, chapter eight, enacts, "that from and after the end of this session of assembly, no goods or chattels whereof the vendor, mortgagor, or donor, shall remain in possession, shall pass, alter, or change, or any property thereof be transferred to any purchaser...
Seite 558 - The common law rule that husband and wife cannot be •witnesses for or against each other has been modified by this section.
Seite 282 - Ch. 270, wherein it was held that a party cannot be permitted to take a bill of sale or mortgage of chattels from another for his own security, leave the mortgagor in possession and ostensibly the owner, and at his request, and to keep the public from a knowledge of its existence, withhold it from...
Seite 100 - I have thus looked pretty fully into the decisions in the analogous case of a purchase from an executor of the testator's assets; and they all agree in this, that the purchaser is safe, if he is no party to any fraud in the executor, and has no knowledge or proof that the executor intended to misapply the proceeds, or was in fact .by the very transaction applying them to the extinguishing of his own private debt.
Seite 136 - No rule of law is better settled than that a court of equity will not aid a party whose application is destitute of conscience, good faith, and reasonable diligence, but will discourage stale demands, for the peace of society, by refusing to interfere where there have been gross laches in prosecuting rights, or where long acquiescence in the assertion of adverse rights has occurred.