SMITH v. BLACKER3 VLR (Eq) 1
Supreme Court Rules, cap. v., rule 3 — Writ of summons — Plaintiff's name.
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Cases reported in this volume of the Victorian Reports
Supreme Court Rules, cap. v., rule 3 — Writ of summons — Plaintiff's name.
"Married Women's Property Act" (No. 384), sec. 5 — Savings — Fraudulent conveyance — 13 Eliz., cap. v. — 27 Eliz., cap. 4 — "The Insolvency Statute 1871" (No. 379), sec. 70.
Practice — Issues — Verdict for defendant — Setting down for further hearing.
Specific performance — Sale of hotel — Contract in two parts — Difference in parts — Time clause.
Sale of real estate — Specific performance — Delay in obtaining title — Verbal rescission of contract — Insurance by purchaser after contract and before title — Right to insurance money.
"Statute of Trusts 1864" (No. 234), s. 61 — Petition for advice and direction — Construction of will — Right to gold raised from private property.
Mining — Interlocutory injunction — Claim illegally taken up — Pegs in public street — Lands temporarily reserved from sale — Validity of Crown grants.
"Lunacy Statute" (No. 309), secs. 143, 145, 154, 155 — (No. 342), sec. 3 — Powers of Master — Lunatic patient — Sale of land of.
Mortgages of several properties — Second mortgages to different persons — Principle of division — Security — Banker's lien — Further advances — Custom of bankers — Rests — Costs — Disclaimer.
"County Courts Statute 1869" (No. 345), secs. 100, 104 — County Court jurisdiction — Specific performance — Fraud — Supreme Court suit — Scale of costs — Appeal — costs.
"Statute of Trusts" (No. 234), sec. 61 — Opinion of a Judge — Appeal.
Redemption suit — Mortgage debt — Release — Decree — Exceptions.
Validity of mortgage — Form 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.
Supreme Court Rules, cap. v., rule 3 — Writ of summons — Plaintiff's name.
Ejectment — Injunction — Costs.
Supreme Court Rules, cap. v., rule 3 — Writ of summons — Plaintiff's name.
Contract for sale of land — Variation — Want of mutuality — Specific performance refused.
Theatre — Lessor and lessee — Covenant to account — Breach of covenant — Injunction — Receiver.
Voluntary conveyance — Husband and wife — Power of revocation — Mistake — "Married Women's Property Act" (No. 384), sec. 18.
Will — Construction — "Residuary legatee" — After-acquired real estate — Practice — Declaratory decree.
Trust — "Statute of Frauds" — Act No. 234, sec. 97 — Possession — Constructive notice — Pleading.
"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.
"Lunacy Statute" (No. 309), secs. 143, 163 — Vendor and purchaser — Lunatic patient — Conveyance by Master in Lunacy — Ex parte order.
Information — Escheat — Statute of Limitations (No. 213), Part II. — Transfer of Land Statute (No. 301), sec. 24 — Injunction — Jurisdiction.
Trustee — Breach of trust — Removal of trustee — Distress — Sequestration — Act No. 379, sec. 108 — Practice in Equity — Amending Bill — Supreme Court Rules, c. vi., r. 20.
Demurrer — Pleading — Fraud — Account — Parties.
Nuisance — Steam hammer — Injunction — Practice.
Power of sale — Trustee — Discretion — Injunction.
Administration suit — Accounts — Practice — Costs.
Interpleader — Motion to put matter in course of enquiry — Payment into Court — Interest — Costs.
Company — Winding up Order — Contributory — Paid-up shares — Consideration — Practice — Summons — Appeal to Privy Council — Stay of proceedings — Appealable amount.
Statute of Distributions — 22 & 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.
Banker and customer — Interest — First and second mortgagees — Account — Costs — 15 Vic., No. 10, sec. 33. — Appeal to Privy Council — Stay of proceedings.
Partnership — Fraudulent 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.
"Insolvency Statute 1865" (No. 273), ss. 27, 66, 71, 81 — Release — Equity of redemption — Official assignee — Pleading — Answer accompanying plea — 15 Vict. No. 10, sec. 33 — Order overruling plea — Appeal to Privy Council.
Foreclosure — Mortgagee in possession — Further reference and account — Order absolute.
Will — Power to Repair and Improve — Interest — Advancement — Rebuilding — Wedding Outfit.
27 Eliz., c. 4 — Voluntary 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.
"Statute of Evidence 1864" (No. 197), sec. 4 — Evidence — Commission to examine witness within jurisdiction — Depositions — Signature by deponent — Notice to produce — Appeal.
Demurrer — Pleading — Possession — Discovery — Ejectment — "Transfer of Land Statute" (No. 301), sec. 24.
Supreme Court Rules, cap. v., rule 3 — Writ of summons — Plaintiff's name.
Theatre — Lessor and lessee — Covenant — Books — Accounts — Costs.
Will — Annuity — Restraint on alienation — "Statute of Trusts 1864" (No. 234), s. 61.
"Instruments and Securities Statute 1864" (No. 204), s. 107 — Specific performance — Sale of Land — Statute of Frauds — Contract — Short quantity — Incumbrance — Compensation — Objection to Title — Recission.
"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.
Declaration of Trust — Perpetual annuity — Will — Devise of trust estates — New trustees.
27 Vict. (No. 179), secs. 7, 8, 10 — Partnership — Loan of capital — Share of profits — Accounts — Master in Equity — Evidence — Affidavits — Order — Appeal.
27 Eliz., c. 4 — "Transfer of Land Statute" (No. 301), secs. 3, 49, 50 — Voluntary settlement — Certificate of title — Sale by settlor — Specific performance.
Intestates Act 27 Vic. (No. 230), sec. 4 — Will — Real and personal estate — Residue undisposed of — No next-of-kin — Rights of Crown and trustees — Mixed fund — Apportionment.