Reports of Cases Determined in the Court of Chancery And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860. Excerpt: ... to be proved before dissolving the in-junction. Brewster v. City of New-ark, 114 A trust of personalty may be created by parol. The statute of frands, which requires all declarations and confidences of any lands, tenements, and hereditaments to be manifested and proved by some writing signed by the party tiecluring such trusts, or by last will in writing, does nut ex-tend to declarations of trusts of per-sonalty. Hooper v. Holmes, 122 Where there is no substantial variance between the trust alleged in the hill, and that proved, the trust, as proved, will be established and enforced, ib Although the accounts to be taken in-volve an account of the property of a decedent, and of her debts, if it ap-pears by the proofs and admissions of the parties that all the property came to the possession of the defendant, that the debts have been paid, and that no person is interested in the es-tate but the parties to the suit, it is not necessary to have a personal re-presentative of the decedent before the court us a party. ib Where a plea of a former suit pending is pleaded, the complainant may take issue upon the facts of the plea, or a reference to a master to ascertain the fact whether both suits are lor the same matter. If he does neither, then the defendant must set the plea down for argument. The statute requires this. When the plea is thus set down, the only question for the court to deter-mine is, whether the plea is good in point of form. If the plea is decided good, then the complainant may still reply, if he desires, or he may lake a reference to a master to ascertain the fact upon which the plea rests. Mc-Ewen v. Broadhead, 129 It is requisite to the validity of a plea of another suit pending that it should appear that the second suit is for the j same sub...