A Selection of Leading Cases in Equity, with Notes (Volume 1) - Softcover

White, Frederick Thomas

 
9781154176520: A Selection of Leading Cases in Equity, with Notes (Volume 1)

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Inhaltsangabe

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1859. Not illustrated. Excerpt: ... BANKRUPT. See Conversion. BARRISTER, Consulted as to the compromise of a debt, not allowed to purchase it for his own benefit, 203, 205. BISHOP, When the consent of, under an Act of Parliament, is necessary, in order to enable a rector to raise money by annuity for building a rectory, he cannot himself take a grant of the annuity, 204, 205. CATCHING BARGAINS, With heirs, reversioners, or expectants, set aside, 579, 591. For mere inadequacy of price, 580, 591, 593. Reversioner need not combine the character of heir, 589. As to the rule on this point in the United States, see 593. Onus lies upon a person dealing with a reversioner or expectant, of proving that the transaction was reasonable, and the price adequate, 580, 593. History and policy of the doctrine, 580, 581. Grounds for setting aside such dealings, 581. By a mere expectant dealing with strangers for his expectancy, a fraud is com-mitted on the ancestor, 581, 593. But a fair agreement between expectant or heirs, to divide property, will be en-forced, 582, 594. Rule as to sales of reversion is applicable, though a small part of the property sold is in possession, 582. Especially if thrown in colorably, ib. And although it is subject to a contingency not strictly capable of valuation, ib. Contingency, if remote, will not be taken into consideration in estimating the value of the reversion, ib. Relief will be given, especially in the case of a young heir, against usurious loans under the mask of trading, ib. But, qu;ere, when the transaction is known to the father or person from whom the spes successions is entertained, 584. Or if the situation of the other party or his property is altered, ib. See the judgment of Lord Brougham in King v. Hamlet, ib. And the remarks of Lord St. Leonards thereon, 585. Deali...

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