Reports of Cases Argued and Determined in the Court of Appeals of Maryland, Volumen8Fielding Lucas, Jr., Lucas and Deaver, Print., 1839 |
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action administration admitted aforesaid agent alleged answer appellant appellee assumpsit averred Baltimore Baltimore county Barnard bill of exceptions bill of sale bond Calwell cargo cause Cecil county chancellor charter Chew claim Clary complainant contended contract corporation court of Chancery court of equity creditors debt declaration decree defendants delivery deposite depositors Dilly DORSEY dower entitled evidence execution executor fact fee simple fieri facias filed fishery George's county court Gill and John grant guardian Hall Harford county Heckrotte Hunter injunction interest issue Jones Judge judgment jurisdiction jury land Marfield Martinico Maryland Rail Road McElderry negro object offered Orphans court paid parties payment Penn person plaintiff plea pleadings possession Poultney prayer Prince George's county PROCEDENDO proceedings proof proved question record recover refused replevin river schooner sheriff statute Steam Navigation steamboat sufficient testator thereof tiel tion trustee verdict vessels witness writ
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Página 186 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Página 185 - ... or was prevented from doing it, by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part.
Página 109 - There is no principle better established, in this court, nor one founded on more solid considerations of equity and public utility, than that which declares that if one man, knowingly, though he does it passively, by looking on, suffers another to purchase, and expend money on land, under an erroneous opinion of title, without making known his own claim, shall not afterwards be permitted to exercise his legal right against such person.
Página 47 - The question turns upon the agreement between the mortgagor and the mortgagee; when the mortgagor is left in possession, the true inference to be drawn is an agreement that he shall possess the premises at will in the strictest sense and, therefore, no notice is ever given him to quit...
Página 47 - It is true, that, in the discussions of the courts of equity, a mortgage is sometimes called a lien for a debt ; and so it certainly is, and something more ; it is a transfer of the property itself as security for the debt. This must be admitted to be true at law, and it is equally true in equity, for in this respect, equity follows the law; it does not consider the estate of the...
Página 493 - Fresh rivers of what kind soever, do of common right, belong to the owners of the soil adjacent ; so that the owners of the one side have, of common right, the propriety of the soil; and consequently the right of fishing, usque...
Página 185 - Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said that any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or...
Página 109 - ... which declares that If one man knowingly, though he does it passively by looking on, suffers another to purchase and expend money on land under an erroneous opinion of title, without making known his claim, he shall not afterwards be permitted to exercise his legal right against such person.
Página 189 - There may be cases cognizable at law an<l also in equity, and of which cognizance cannot be effectually taken at law ; and therefore equity does sometimes interfere, as in cases of complicated accounts where the party has not made defence because it was impossible for him to do it effectually at law.
Página 26 - ... *Now here it must be observed, that the lineal ancestors, though (according to the first rule) incapable themselves of succeeding to the estate, because it is supposed to have already passed them, are yet the common stocks from which the next successor must spring.