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3 VLR (Eq)(49 results)

Cases reported in this volume of the Victorian Reports

SMITH v. BLACKER3 VLR (Eq) 1

MR. JUSTICE MOLESWORTH allowed the objection, and dismissed the application, but without costs, as the defendant had disregarded the notice served upon her, and removed the plaintiff without waiting for the decision of the Court.·1 Feb 1877·Supreme Court of Victoria, In Equity

Supreme Court Rules, cap. v., rule 3Writ of summons — Plaintiff's name.

SMITH v. SMITH3 VLR (Eq) 2

MOLESWORTH, J.·8 Feb 1877·Supreme Court of Victoria, In Equity

"Married Women's Property Act" (No. 384), sec. 5Savings — Fraudulent conveyance — 13 Eliz., cap. v. — 27 Eliz., cap. 4 — "The Insolvency Statute 1871" (No. 379), sec. 70.

PICKETT v. DE LA HUNTY3 VLR (Eq) 7

MR. JUSTICE MOLESWORTH granted the application, costs to be costs in the cause The bill was on a subsequent day dismissed with costs. .·8 Feb 1877·Supreme Court of Victoria, In Equity

PracticeIssues — Verdict for defendant — Setting down for further hearing.

DILLON v. MACLEOD3 VLR (Eq) 8

MOLESWORTH, J.·13 Feb 1877·Supreme Court of Victoria, In Equity

Specific performanceSale of hotel — Contract in two parts — Difference in parts — Time clause.

BARTLETT v. LOONEY3 VLR (Eq) 14

MOLESWORTH, J.·13 Feb 1877·Supreme Court of Victoria, In Equity

Sale of real estateSpecific performance — Delay in obtaining title — Verbal rescission of contract — Insurance by purchaser after contract and before title — Right to insurance money.

IN RE DURBRIDGE3 VLR (Eq) 21

MOLESWORTH, J.·20 Feb 1877·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), s. 61Petition for advice and direction — Construction of will — Right to gold raised from private property.

PARADE G.M. CO. v. VICTORIA UNITED MINING CO.3 VLR (Eq) 24

MOLESWORTH, J.·13 Apr 1877·Supreme Court of Victoria, In Equity

MiningInterlocutory injunction — Claim illegally taken up — Pegs in public street — Lands temporarily reserved from sale — Validity of Crown grants.

IN RE SMYTH3 VLR (Eq) 31

MOLESWORTH, J.·10 May 1877·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), secs. 143, 145, 154, 155(No. 342), sec. 3 — Powers of Master — Lunatic patient — Sale of land of.

WHITE v. LONDON CHARTERED BANK OF AUSTRALIA3 VLR (Eq) 33

MOLESWORTH, J.·11 May 1877·Supreme Court of Victoria, In Equity

Mortgages of several propertiesSecond mortgages to different persons — Principle of division — Security — Banker's lien — Further advances — Custom of bankers — Rests — Costs — Disclaimer.

CUNNINGHAM v. GUNDRY3 VLR (Eq) 51

Before judgment was given Dr. Mackay referred to Brown v. Rye L. R., 17 Eq., 343. .·30 Apr 1877·Supreme Court of Victoria, In Equity

"County Courts Statute 1869" (No. 345), secs. 100, 104County Court jurisdiction — Specific performance — Fraud — Supreme Court suit — Scale of costs — Appeal — costs.

IN RE FOLK3 VLR (Eq) 55

FELLOWS, J.·17 Apr 1877·Supreme Court of Victoria, In Equity

"Statute of Trusts" (No. 234), sec. 61Opinion of a Judge — Appeal.

DALLIMORE v. ORIENTAL BANK CORPORATION3 VLR (Eq) 56

MOLESWORTH, and FELLOWS, JJ.·18 Apr 1877·Supreme Court of Victoria, In Equity

Redemption suitMortgage debt — Release — Decree — Exceptions.

UNITED HAND-IN-HAND AND BAND OF HOPE CO. v. NATIONAL BANK OF AUSTRALASIA3 VLR (Eq) 61

The CHIEF JUSTICE·3 May 1877·Supreme Court of Victoria, In Equity

Validity of mortgageForm of bill — Omissions supplied by answer — Redemption decree — Act No. 409, secs. 61, 63, 66, and schedule 5 — Ex parte winding-up order — Abandonment of order — Variation of decree.

SMITH v. BLACKER3 VLR (Eq) 71

MR. JUSTICE MOLESWORTH allowed the objection, and dismissed the application, but without costs, as the defendant had disregarded the notice served upon her, and removed the plaintiff without waiting for the decision of the Court.·1 Feb 1877·Supreme Court of Victoria, In Equity

Supreme Court Rules, cap. v., rule 3Writ of summons — Plaintiff's name.

FOLEY v. SAMUELS3 VLR (Eq) 72

MOLESWORTH, J.·10 May 1877·Supreme Court of Victoria, In Equity

EjectmentInjunction — Costs.

SMITH v. BLACKER3 VLR (Eq) 74

MR. JUSTICE MOLESWORTH allowed the objection, and dismissed the application, but without costs, as the defendant had disregarded the notice served upon her, and removed the plaintiff without waiting for the decision of the Court.·1 Feb 1877·Supreme Court of Victoria, In Equity

Supreme Court Rules, cap. v., rule 3Writ of summons — Plaintiff's name.

BOYCE v. LAPISH3 VLR (Eq) 75

MOLESWORTH, J.·14 May 1877·Supreme Court of Victoria, In Equity

Contract for sale of landVariation — Want of mutuality — Specific performance refused.

AARONS v. LEWIS3 VLR (Eq) 79

MOLESWORTH, J.·1 June 1877·Supreme Court of Victoria, In Equity

TheatreLessor and lessee — Covenant to account — Breach of covenant — Injunction — Receiver.

BRYANT v. PATTEN3 VLR (Eq) 86

MOLESWORTH, J.·11 June 1877·Supreme Court of Victoria, In Equity

Voluntary conveyanceHusband and wife — Power of revocation — Mistake — "Married Women's Property Act" (No. 384), sec. 18.

STEPHEN v. STEPHEN3 VLR (Eq) 94

MOLESWORTH, J.·11 June 1877·Supreme Court of Victoria, In Equity

WillConstruction — "Residuary legatee" — After-acquired real estate — Practice — Declaratory decree.

WILSON v. BOYD3 VLR (Eq) 98

MOLESWORTH, J.·19 June 1877·Supreme Court of Victoria, In Equity

Trust"Statute of Frauds" — Act No. 234, sec. 97 — Possession — Constructive notice — Pleading.

HARRISON v. MURPHY3 VLR (Eq) 105

MOLESWORTH, J.·21 June 1877·Supreme Court of Victoria, In Equity

"Land Acts" No. 237, sec. 42, No. 360, sec. 31"County Courts Statute" (No. 345), sec. 120 — Equitable mortgage — Trust — Statute of Frauds — County Court jurisdiction.

IN THE MATTER OF TATE3 VLR (Eq) 109

MOLESWORTH, J.·19 July 1877·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), secs. 143, 163Vendor and purchaser — Lunatic patient — Conveyance by Master in Lunacy — Ex parte order.

ATTORNEY-GENERAL v. HOGGAN3 VLR (Eq) 111

MOLESWORTH, J.·3 July 1877·Supreme Court of Victoria, In Equity

InformationEscheat — Statute of Limitations (No. 213), Part II. — Transfer of Land Statute (No. 301), sec. 24 — Injunction — Jurisdiction.

OFFICER v. HAYNES3 VLR (Eq) 115

MOLESWORTH, J.·3 July 1877·Supreme Court of Victoria, In Equity

TrusteeBreach of trust — Removal of trustee — Distress — Sequestration — Act No. 379, sec. 108 — Practice in Equity — Amending Bill — Supreme Court Rules, c. vi., r. 20.

HOFER v. SILBERBERG3 VLR (Eq) 125

MOLESWORTH, J.·13 Aug 1877·Supreme Court of Victoria, In Equity

DemurrerPleading — Fraud — Account — Parties.

LOCKHEAD v. NOBLE3 VLR (Eq) 131

After hearing counsel’s arguments, His Honor MR. JUSTICE MOLESWORTH, having regard to the very conflicting nature of the evidence adduced, directed the case to stand over for six months, with liberty to the plaintiff to bring an action at law.·17 Aug 1877·Supreme Court of Victoria, In Equity

NuisanceSteam hammer — Injunction — Practice.

JAMES v. EVANS3 VLR (Eq) 132

MOLESWORTH, J.·23 Aug 1877·Supreme Court of Victoria, In Equity

Power of saleTrustee — Discretion — Injunction.

MAHER v. O’SHEA3 VLR (Eq) 136

MOLESWORTH, J.·4 Sept 1877·Supreme Court of Victoria, In Equity

Administration suitAccounts — Practice — Costs.

AUSTRALIAN MUTUAL PROVIDENT SOCIETY v. BROADBENT3 VLR (Eq) 138

MOLESWORTH, J.·7 Sept 1877·Supreme Court of Victoria, In Equity

InterpleaderMotion to put matter in course of enquiry — Payment into Court — Interest — Costs.

IN RE COGNAC CO.3 VLR (Eq) 146

MOLESWORTH, J.·11 Oct 1877·Supreme Court of Victoria, In Equity

CompanyWinding up Order — Contributory — Paid-up shares — Consideration — Practice — Summons — Appeal to Privy Council — Stay of proceedings — Appealable amount.

SKEELES v. HUGHES3 VLR (Eq) 161

MOLESWORTH, J.·20 Sept 1877·Supreme Court of Victoria, In Equity

Statute of Distributions22 & 23 Car. II., c. 10, sec. 6 — 1 Jac. II., c. 17, sec. 6 — Next of kin — Grandfather — Grandmother — "Married Women's Property Act" (No. 384), sec. 10.

WHITE v. LONDON CHARTERED BANK3 VLR (Eq) 168

MOLESWORTH, J.·18 Oct 1877·Supreme Court of Victoria, In Equity

Banker and customerInterest — First and second mortgagees — Account — Costs — 15 Vic., No. 10, sec. 33. — Appeal to Privy Council — Stay of proceedings.

LONGSTAFF v. KEOGH3 VLR (Eq) 175

MOLESWORTH, J.·1 Nov 1877·Supreme Court of Victoria, In Equity

PartnershipFraudulent misrepresentation — Deceit — Rescission of Contract — Laches — Concurrent jurisdiction of Law and Equity — Equity pleading — Omission in bill — Demurrer — 15 Vic. No. 10, sec. 33 — Appeal to Privy Council.

BROUGHAM v. MELBOURNE BANKING CORPORATION3 VLR (Eq) 190

MOLESWORTH, J.·12 Nov 1877·Supreme Court of Victoria, In Equity

"Insolvency Statute 1865" (No. 273), ss. 27, 66, 71, 81Release — Equity of redemption — Official assignee — Pleading — Answer accompanying plea — 15 Vict. No. 10, sec. 33 — Order overruling plea — Appeal to Privy Council.

DALLIMORE v. ORIENTAL BANK CORPORATION3 VLR (Eq) 203

MOLESWORTH, J.·17 Dec 1877·Supreme Court of Victoria, In Equity

ForeclosureMortgagee in possession — Further reference and account — Order absolute.

SICHEL v. O’SHANASSY3 VLR (Eq) 208

MOLESWORTH, J.·22 Dec 1877·Supreme Court of Victoria, In Equity

WillPower to Repair and Improve — Interest — Advancement — Rebuilding — Wedding Outfit.

MOSS v. WILLIAMSON3 VLR (Eq) 221

MOLESWORTH, J.·11 Oct 1877·Supreme Court of Victoria, In Equity

27 Eliz., c. 4Voluntary settlement — Insolvency of settlor — Mortgage by settlor — "Transfer of Land Statute" (No. 301), secs. 3, 49, 139 — "Insolvency Statute 1871" (No. 379), secs. 129, 131.

HATT v. HATT3 VLR (Eq) 227

MOLESWORTH, J.·17 Oct 1877·Supreme Court of Victoria, In Equity

"Statute of Evidence 1864" (No. 197), sec. 4Evidence — Commission to examine witness within jurisdiction — Depositions — Signature by deponent — Notice to produce — Appeal.

JAMISON v. QUINLAN3 VLR (Eq) 230

MOLESWORTH, J.·12 Nov 1877·Supreme Court of Victoria, In Equity

DemurrerPleading — Possession — Discovery — Ejectment — "Transfer of Land Statute" (No. 301), sec. 24.

SMITH v. BLACKER3 VLR (Eq) 233

MR. JUSTICE MOLESWORTH allowed the objection, and dismissed the application, but without costs, as the defendant had disregarded the notice served upon her, and removed the plaintiff without waiting for the decision of the Court.·1 Feb 1877·Supreme Court of Victoria, In Equity

Supreme Court Rules, cap. v., rule 3Writ of summons — Plaintiff's name.

AARONS v. LEWIS3 VLR (Eq) 234

MOLESWORTH, J.·27 Nov 1877·Supreme Court of Victoria, In Equity

TheatreLessor and lessee — Covenant — Books — Accounts — Costs.

IN RE THOMAS3 VLR (Eq) 241

MOLESWORTH, J.·29 Nov 1877·Supreme Court of Victoria, In Equity

WillAnnuity — Restraint on alienation — "Statute of Trusts 1864" (No. 234), s. 61.

BUXTON v. BELLIN3 VLR (Eq) 243

MOLESWORTH, J.·3 Dec 1877·Supreme Court of Victoria, In Equity

"Instruments and Securities Statute 1864" (No. 204), s. 107Specific performance — Sale of Land — Statute of Frauds — Contract — Short quantity — Incumbrance — Compensation — Objection to Title — Recission.

RALEIGH v. McGRATH3 VLR (Eq) 250

MOLESWORTH, J.·10 Dec 1877·Supreme Court of Victoria, In Equity

"Land Act 1862" (No. 145), secs. 23, 24"Amending Land Act 1865" (No. 237), sec. 7 — "Statute of Trusts" (No. 234), sec. 97 — Selection — Agent — Trustee — Statute of Frauds.

M’KINNON v. M’INNES3 VLR (Eq) 253

MOLESWORTH, J.·11 Dec 1877·Supreme Court of Victoria, In Equity

Declaration of TrustPerpetual annuity — Will — Devise of trust estates — New trustees.

IN RE WHARTON3 VLR (Eq) 260

MOLESWORTH, J.·22 Dec 1877·Supreme Court of Victoria, In Equity

27 Vict. (No. 179), secs. 7, 8, 10Partnership — Loan of capital — Share of profits — Accounts — Master in Equity — Evidence — Affidavits — Order — Appeal.

COLECHIN v. WADE3 VLR (Eq) 266

MOLESWORTH, J.·5 Feb 1878·Supreme Court of Victoria, In Equity

27 Eliz., c. 4"Transfer of Land Statute" (No. 301), secs. 3, 49, 50 — Voluntary settlement — Certificate of title — Sale by settlor — Specific performance.

ATTORNEY-GENERAL v. M’PHERSON3 VLR (Eq) 270

MOLESWORTH, J.·5 Feb 1878·Supreme Court of Victoria, In Equity

Intestates Act 27 Vic. (No. 230), sec. 4Will — Real and personal estate — Residue undisposed of — No next-of-kin — Rights of Crown and trustees — Mixed fund — Apportionment.