Cases On Equity Jurisdiction
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The amount of the residue was not in con- troversy, and a general administration decree was not sought. The de- fendants to the suit were the plaintifP's assignor and the trustee of his share of the residue. The trustee had (as appears from the report in Vesey) informed the plaintiff that this share was unincumbered, where- as, in fact, it was not. The decree was, in effect, that the trustee should pay the full amount of the share to the plaintiff without deducting the incumbrance. The trustee,... even if he acted honestly, which is, per- haps, questionable, was clearly estopped from denying that the share was unincumbered. This decision was in 1805, more than thirty years be- fore Pickard v. Sears, 6 Ad. & E. 4Y4, and at a time when the doctrine of estoppel was less accurately defined than it has since become. Re- garded as a decision on the ground of estoppel, Burrowes v. Lock ap- pears to me not only to have been quite right, but to remain wholly untouched by Derry v. Peek. Lord Blackburn seems to have thought that the representation in Burrowes v.
What to read after Cases On Equity Jurisdiction?
You can find similar books in the "Read Also" column, or choose other free books by James Brown Scott to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The amount of the residue was not in con- troversy, and a general administration decree was not sought. The de- fendants to the suit were the plaintifP's assignor and the trustee of his share of the residue. The trustee had (as appears from the report in Vesey) informed the plaintiff that this share was unincumbered, where- as, in fact, it was not. The decree was, in effect, that the trustee should pay the full amount of the share to the plaintiff without deducting the incumbrance. The trustee,... even if he acted honestly, which is, per- haps, questionable, was clearly estopped from denying that the share was unincumbered. This decision was in 1805, more than thirty years be- fore Pickard v. Sears, 6 Ad. & E. 4Y4, and at a time when the doctrine of estoppel was less accurately defined than it has since become. Re- garded as a decision on the ground of estoppel, Burrowes v. Lock ap- pears to me not only to have been quite right, but to remain wholly untouched by Derry v. Peek. Lord Blackburn seems to have thought that the representation in Burrowes v.
What to read after Cases On Equity Jurisdiction?
You can find similar books in the "Read Also" column, or choose other free books by James Brown Scott to read onlineMoreLess
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