A Selection of Leading Cases in Equity (Vol 1 PT 2) (Paperback)

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. 1852 edition. Excerpt: ...has charged, yet, as the (i14 administrators withheld from ' him the knowledge of the amount Ofl his wife's share, there was that non-' disclosure of a material fact which' compels me to say that the deed can-l not stand. As, however, the plain-, tiff has charged the defendants with a fraud which they never practised, ' I shall set aside the deed withoutcosts." And see Persey v. Desbee-' zcerie,3 P. Wms. 315, 321; 1ll'Car-' thy v. Dceraix, 2 Russ. & My. 614; 1 Leonard v. Leonard, 2 Ball & B. i 171. And especially if parties are not on equal terms, and one of them; stands in such a relation to the other as renders it incumbent on him to_ is raised between parties as to their rights, and, adverting to that doubt, they come to an agreement, and that is a reasonable agreement, in family matters, the Court goes a long way to carry it into execution. But my difliculty was, that there might be supposition of right without a doubt upon it; that it would be too much to execute an agreement entered into upon such supposition, if unfounded; and the words of Lord Macelesfield, instead of 'a supposition of right, ' might have been 'a doubtful right;' but I observe, in a manuscript note that I have, the same words are represented as those of Lord Macelesfield." In Dunnage v. White, 1 Swanst. 137, a deed was executed by the members of a family, to determine their interests under the will and partial intestacy of an ancestor; but it appeared on the face of the deed, that the parties did not understand their rights, or the nature of the transaction, and that the heir surrendered an unimpeachable title without consideration; and evidence being given of his gross...