American Law Reports Annotated, Svazek 44Lawyers Co-operative Publishing Company, 1926 |
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Strana 77
... parties . In Reformation of instruments -effect . equity the reforma- tion of an instru- ment has the effect of making it express the real intent of the parties . The rights of the parties are measured by the instru- ment , as ...
... parties . In Reformation of instruments -effect . equity the reforma- tion of an instru- ment has the effect of making it express the real intent of the parties . The rights of the parties are measured by the instru- ment , as ...
Strana 79
... parties . Hunt V. Rhodes ( 1828 ) 1 Pet . ( U. S. ) 1 , 7 L. ed . 27 . Whether equity will reform an in- strument after the death of the original party , as against his heir , devisee , legatee , or personal represen- tative , is not ...
... parties . Hunt V. Rhodes ( 1828 ) 1 Pet . ( U. S. ) 1 , 7 L. ed . 27 . Whether equity will reform an in- strument after the death of the original party , as against his heir , devisee , legatee , or personal represen- tative , is not ...
Strana 83
... parties having no no- tice thereof , the aid of equity will be withdrawn . Berry v . Sowell ( 1882 ) 72 Ala . 14 . In all cases the party seeking re- lief must stand upon some equity superior to that of the party against whom he asks it ...
... parties having no no- tice thereof , the aid of equity will be withdrawn . Berry v . Sowell ( 1882 ) 72 Ala . 14 . In all cases the party seeking re- lief must stand upon some equity superior to that of the party against whom he asks it ...
Strana 84
... party . Early v . Owens ( 1880 ) 68 Ala . 171 ; Woodworth v . Cook ( 1850 ) 2 Blatchf . 151 , Fed . Cas . No. 18,011 ; Lally v . Holland ( Tenn . ) supra . In other words , the principle of equity jurisprudence that where the equities ...
... party . Early v . Owens ( 1880 ) 68 Ala . 171 ; Woodworth v . Cook ( 1850 ) 2 Blatchf . 151 , Fed . Cas . No. 18,011 ; Lally v . Holland ( Tenn . ) supra . In other words , the principle of equity jurisprudence that where the equities ...
Strana 88
... party . Likewise , an act of partition will not be reformed by correcting an er- roneous description of the respective tracts received by the parties , where twenty - three years have elapsed since the making of the partition , and the ...
... party . Likewise , an act of partition will not be reformed by correcting an er- roneous description of the respective tracts received by the parties , where twenty - three years have elapsed since the making of the partition , and the ...
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action alleged amount annotation appeared appellant arrest assets Bank bona fide purchaser bond breach buyer capital stock cent charge claim contract price corporation court held court of equity covenant creditors deed defendant defendant's difference eminent domain encumbrance equity evidence executor fact fendant grantee holders injury judgment jury land liable lien liquor Lumber manufactured market price market value measure of damages ment mortgage N. J. Eq N. Y. Supp National Surety Co negligence nominal damages notice officer paid party payment person place of delivery plaintiff plaintiff in error preferred stock purchaser question R. C. L. Supp reason received reduction reformed refused resale rule sell seller seller's damages shares sold statute stockholders supra tion tort tract trial trust
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Strana 477 - Ix'fore the district court (a trial by jury having been waived), and after hearing the evidence presented by plaintiff, Gramm (the defendant introducing none), the court found as follows: "And the court, being fully advised in the premises, finds that there Is due from the said defendant to the said plaintiff the sum of $22.20, together with interest on said sum from the 3d day of December, 1895,— being the amount...