The County Courts Equitable Jurisdiction Act: With the Orders and Rules for Regulating the Practice of the Courts, Including Those of 28th May, 1866. And the Forms and Costs of Proceedings; with Notes and Introductory Chapters

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Butterworths, 1865 - 139 páginas
 

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Página 56 - ... as it may deem just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.
Página 25 - ... shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor or administrator in the subject-matter of the said application...
Página 4 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Página 27 - In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement...
Página 56 - ... the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such...
Página 21 - But, on the other hand, the mortgagee may either compel the sale of the estate, in order to get the whole of his money immediately ; or else call upon the mortgagor to redeem his estate presently, or, in default thereof, to be forever foreclosed from redeeming the same ; that is, to lose his equity of redemption without possibility of recall.
Página 90 - Registrar do certify the result of the accounts, and that all other acts are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of And, lastly, it is ordered that this suit stand adjourned for making a final decree to the day of No.
Página 20 - But here again the courts of equity interpose, and though a mortgage be thus forfeited, and the estate absolutely vested in the mortgagee at the common law, yet they will consider the real value of the tenements compared with the sum borrowed. And, if the estate be of greater value than the sum lent thereon, they will allow the mortgagor at any reasonable time to recall or redeem his estate...
Página 61 - ... whether the defect or error be that of the party applying to amend, or not...
Página 45 - FfRNER, being Judges of County Courts appointed to frame Rules and Orders for regulating the Practice of the Courts, and Forms of Proceedings therein, under the 32nd section of " The County Courts Act, 1856...

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