M’CLURE v. MARSHALL10 VLR (Eq) 1
Decree — Execution of conveyance — Delivery up when executed — Practice in Equity — Demand by solicitor's clerk.
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Cases reported in this volume of the Victorian Reports
Decree — Execution of conveyance — Delivery up when executed — Practice in Equity — Demand by solicitor's clerk.
Mining company — Prospectus — Misrepresentation — Liability of promoter — Secret profit — Constructive trustee — Measure of damages — Pleading in Equity — Parties — Suit on behalf — Delay — Costs — Defendant against whom no relief prayed.
Petition for advice — Will — Rent due on day of death — Bank deposit receipt — Furniture — Costs.
Nuisance — Iron Foundry — Injunction — Practice.
Conveyance — Foolishness — Absence of professional advice — Re-conveyance — Costs.
Settlement — New trustee — Vesting order.
Trade mark — Trade name — Interlocutory injunction.
County Court — Registrar's Report — Practice — Costs.
Undefended suit — Affidavits verifying bill — Power of administrator to mortgage assets and to carry on a trade — "Transfer of Land Statute, No. 301" — Lien on certificate of title.
"The Land Tax Act 1877" (No. 575), secs. 4, 35 — "Landed estate" subject to a mortgage — Transfer by father to his children — Bona fides — Valuable consideration — "Transfer of Land Statute" (No. 301), sec. 63.
Mine — Encroachment — Mixing quartz raised — Wilful trespasser — Cost of mining.
"Statute of Trusts 1864" (No. 234), sec. 31 — Vesting Order.
Practice in Equity — Lunatic — Committee — Costs of former committee.
Charitable trust — Attorney-General — Costs.
"The Land Act 1869" (No. 360), s. 45 — Crown land — Lease — Easement over adjoining Crown land — Water right.
"The Land Act 1862" (No. 145), ss. 22, 23, 24 — Crown Land — Selection — Lease — Right to grant in fee.
Administration suit — Costs — General rule — Exception.
Hospitals and Charitable Institutions — Act No. 220, s. 11 — Bye-law — Ultra vires — Committee — Qualification — Secretary.
Administration — Annuity — Rabbit pest.
Specific performance — Vendor and purchaser — Principal and agent — Contract by agent appointed by parol.
19 Vic. No. 13, ss. 4, 5 — Practice in Equity — Appeal from Judge in Chambers — Two Appellants — Deposit — "The Statute of Evidence 1864" (No. 197), s. 4 — Commission to examine witness abroad — Discretion of Judge — Appeal.
Nuisance — Injunction — Costs — Endeavour to abate Nuisance — Acquiescence.
"Insolvency Statute 1871" (No. 379), s. 70 — "Settlement" — Gift of money — Investments — Practice in Equity — Dismissal of bill — Notice of motion.
"The Companies Statute 1864" (No. 190), ss. 81, 83, 176 — Foreign corporation — Winding-up — Jurisdiction — Service of petition — Principal place of business — Wishes of creditors — Stay of proceedings — Telegrams.
Trustee and cestui que trust — Land purchased on security of trust estate — Statute of Frauds — Consideration — Void agreement — "Transfer of Land Statute" (No. 301), s. 50 — Voluntary conveyance — Nominal consideration — Practice of Office of Titles.
Will — Construction — Substitution clause — Maintenance clause — Trading business — Winding-up — Mining shares — Calls payable out of corpus — Dividends added to corpus.
Administration suit — Costs as between solicitor and client.
Husband and wife — Settlement — Voluntary conveyance — Profits received by husband — Evidence — Costs.
"The Land Act 1869" (No. 360), secs. 20 & 21 — Partnership in selections — Partnership in produce.
Practice in Equity — Varying decree — Costs — Insolvent estate — Surplus — Jurisdiction.
Infant — Maintenance — Breaking in on corpus.
"The Wills Statute 1864" (No. 222), s. 31 — Construction of will — Death of devisee before will executed — Corpus of share — Gift over.
Trade name — Injunction — Exclusive use of name — Costs — Identity of label.
Voluntary settlement — Evidence — Depositions in insolvency — "The Instruments and Securities Statute 1864" (No. 204), s. 56 — Act No. 557, s. 1, 15 — Bill of sale — Unregistered contract of sale.
Voluntary conveyance — Insolvency of grantor — Refusal of assignee to sue — Creditors' suit — Costs of bill — Dismissal.
Lease of reservoir — License to cut race — "Crown Remedies and Liabilities Statute 1865" (No. 241) — Inconsistent leases or licenses — Injunction.
Practice in Equity — Administration suit — Decree — Consent order.
Practice in Equity — Administration suit — Executors' costs.
Construction of will — "Charitable purpose."
Will — Gift to wife — Condition subsequent in restraint of second marriage — Income during widowhood.
5 & 6 Vic. c. 45 — Copyright — "Book" — Injunction.
"The Companies Statute 1864" (No. 190), sec. 73 subsec. v. — Company — Winding up — Allegation in petition — Internal management.
Mortgagor and mortgagee — Accounts — Practice in Equity — Taking of evidence on commission — Recalling witness — Calling fresh witnesses after case closed — Chief Clerk's office — Mode of taking account.
"The Life Assurance Companies Act 1873" (No. 474), s. 37 — Pleading in Equity — Parties — Next-of-kin.
"The Life Assurance Companies Act 1873" (No. 474), s. 39 — Life policy — Condition — Death by assured's own hand — Mortgage of policy — Notice of assignment of policy — Conveyance — Expressed consideration — Evidence — Coroner's inquisition.
"Real Property Statute 1864" (No. 213), s. 89 — "The Judicature Act 1883" (No. 761), s. 23 — Settled estate — Sale — Form of order.
Vendor and purchaser — Sale of land — Contract — Statute of Frauds — Frontage to street — Rectangular block.
Practice in Equity — Motion for judgment pro confesso — Making up of roll — Order striking out co-plaintiffs.