 | New Jersey. Court of Chancery - 1878 - 738 páginas
...supported. A court of equity will keep an encumbrance alive or consider it extinguished, as will best serve the purposes of justice and the actual and just intention of the party. The intention, however, must be innocent, and injurious to no one. Starr v. Mis, 6 Johns. Ch.... | |
 | John Willard - 1861 - 718 páginas
...that a court of equity will keep an incumbrance alive, or consider it extinguished, as will best serve the purposes of justice, and the actual and just intention of the party. It must at all events be an innocent purpose and injurious to no one. This is the doctrine of... | |
 | Iowa. Supreme Court - 1865 - 680 páginas
..." A court of equity will keep an incumbrance alive, or consider it extinguished, as will best serve the purposes of justice and the actual and just intention of the parties. It must, at all events, be an innocent purpose, and injurious to no one." See, also, James v. Johnson,... | |
 | New Jersey. Court of Chancery - 1873 - 640 páginas
...equity will keep an encumbrance alive, or consider it extinguished, as Clos v. Boppe. will best serve the purposes of justice and the actual and just intention of the party. It must, at all events, be an innocent purpose, and injurious to no one. In the present case,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 678 páginas
..." A court of equity will keep an incumbrance alive, or consider it extinguished, as will best serve the purposes of justice, and the actual and just intention of the party," and that the general rule is, that the union of the legal and equitable estates will create... | |
 | John Hoff Stewart - 1878 - 738 páginas
...supported. A court of equity will keep an encumbrance alive or consider it extinguished, as will best serve the purposes of justice and the actual and just intention of the party. The intention, however, must be innocent, and injurious to no one. Starr v. Ellis, 6 Johns.... | |
 | Virginia. Supreme Court of Appeals - 1879 - 936 páginas
...393: "A court of equity will keep an incnmbrance alive or consider it extinguished as will best serve the purposes of justice and the actual and just intention of the party. It must, at all events, be an innocent purpose, and injurious to no one." Jones on Mortgages,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1880 - 688 páginas
...sure, a court of equity will, in some cases, keep an encumbrance alive, or consider it extinguished, as will best subserve the purposes of justice, and the actual and just intention of the parties. Howe v. McClure et nl. v. Andrews. Woodruff, 12 Ind. 214; The Union Trust Co., etc., v. The Montiallo,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882 - 690 páginas
...the appellant's money. A court of equity will keep an encumbrance alive, or consider it extinguished, as will best subserve the purposes of justice, and the actual and just intention of the party. Howe v. Woodruff, 12 Ind. 214 ; Forbes v. Moffatt, 18 Vesey, 384 ; Gardner v. Astor, 3 Johns.... | |
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Notwithstanding the technical rule of law, equity will prevent or permit a merger, as will best subserve the purposes of justice and the actual and just intention of the parties... 
