Irish Equity Reports Argued and Determined in the High Court of Chancery; The Rolls Court, and the Equity Exchequer Volume 12

Irish Equity Reports Argued and Determined in the High Court of Chancery; The Rolls Court, and the Equity Exchequer Volume 12

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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: ... agreement they cited Brzmgan v. Gorges (e); Rowe v. Wood The Loan Caascnnnon. The plaintiff says this deed is a nullity and such an instrument as the Court must disregard. The defendant on the other hand insists it is a clear and proper instrument, which the plaintiff is bound to act upon. It strikes me that it is neither one or the other. It is at least doubtful whether this compromise is such that the Court would carry it out; but it is another question whether the Court can or will disregard it altogether. The bill does not seek to set aside the deed directly, but incidentally seeks the same object by asking me to declare the rights of the plaintiff without reference to it. As regards the defendants here there is no proof of any fraud; no pretence that they were in privity with the creditors who were pressing on this gentleman; there was no underhand dealing with them. Some suspicion must attach on the conduct of a party who gets a deed of this kind executed and when he has settled with his creditors turns round and claims a greater interest than he got under that instrument which he held out to his creditors to induce a settlement with them. My impression is, therefore, that I must let the cause stand over until a step is taken to establish this agreement. I cannot make the decree asked for; for that would be declaring it not binding. Time is not of the essence of the contract, and therefore it is not material that the contract has not been carried out sooner. I cannot see what can be done without either enforcing this agreement or setting it aside. If the defendant says he will not abide by it, it will be necessary either to declare it not to be binding (a) 2 B. 8: Bea. 171. (6) 1 B. & Bea. 504. (c) 3 Swan. 400. (11) 4 Bro. P....show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236989082
  • 9781236989086