Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 10

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ...recognize the obligations which Courts of Chan cery are under to determine the rights of the parties according to law, I have, at the same time, understood that, in the application of the remedy to those ascertained rights, its powers were plenary; nor have I found an authority, which raises a doubt in my mind of the power of the Court to shape its decree to the fullest attainment of the relief sought, or, when the points of equity, upon which those rights arise, are before the Court, that it has the same right to determine finally upon them and render a final decree, .that it has to reserve points of equity forfurther consideration; and that, where the Court proceeds to pass upon them, and does so pass upon them, and directs the process by which the decree is to be executed, the decree must be taken as final upon those rights, unless by express reservation it is ordered differently. The importance which has been attached to the practice in the common law courts in regard to the assignment of dower, has not only imposed upon me this brief review of the jurisdiction of the several courts originally and at the present time, but will require a minute review of the authorities referred to in support of the practice itself, and such others as have come under my observation. Let it be borne in mind, also, that these authorities are not found in case's for partition of dower, but in partition between parceners and joint tenants, and it is only by analogy that the practice is sought to be applied to partition of dower. The action by writ of parlitione facienda at the common law was only allowed to coparceners; joint tenants and tenants in common had no such remedy until it was given by statute 31 Henry 8, ch. 1. And it was the statute 8 and 9...
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Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236767217
  • 9781236767219