Reports of Cases Adjudged in the Court of Chancery of Upper Canada Volume 11

Reports of Cases Adjudged in the Court of Chancery of Upper Canada Volume 11

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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. 1865 edition. Excerpt: ...But supposing both the cases before Sir John Romilly to be good law, this case falls rather within the one in which the instrument was held not to require registration; the paper in this case as in that containing, in addition to the memorandum, an agreement to execute a transfer, the ground upon which in the later case, the earlier one was supposed to be sustainable. My conclusion is, that the paper in question did not require registration, and that the appeal from the Master must be disallowed, with costs. With regard to the state of the law in respect of instruments incapable of registration, but which create equities to which the court is bound to give effect, it is a question for the legislature. In this case, as it happens, there is no real hardship, as the party seeking priority is a judgment creditor, who has no equity whatever to be preferred to the plaintiff. 1865. Harrison Armour. Judgment 1865. Statement. MILLER v. MCNAUGHTON. Coats--Adminietration order. A legatee filed a bill against executors and another person, between whom and the executors it was charged improper dealings had taken place with the estate. The charges so made were not sustained in evidence, and the plaintiff was therefore ordered to pay the costs of the defendants to the hearing, and allowed only costs of and subsequent to decree; and cross-charges of improper conduct having been brought against the plaintiff by other legatees made parties to the suit, and not substantiated; the costs incurred in resisting such charges were directed to be paid by the parties making them. This was a hearing on further directions of the case, reported ante vol. ix., page 545. The plaintiff Mary Miller, a legatee of Graham Lawson, the testator, of whom the defendants John...show more

Product details

  • Paperback | 188 pages
  • 189 x 246 x 10mm | 345g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236928741
  • 9781236928740