GREEN v. SUTHERLAND6 VLR (Eq) 1
Stop order — Life interest in debentures — Future income.
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Cases reported in this volume of the Victorian Reports
Stop order — Life interest in debentures — Future income.
Infants — Maintenance — Allowance by will disproportionate to ultimate fortune — Increase by Court.
Petition and bill — Demurrer — Parties — Want of equity.
Demurrer — Fraud — Statute of Limitations — Partnership.
"Local Government Act 1874" (No. 506), secs. 252, 260, 306, 342, 519 — Shire — Proposed Works — Contract — Estimate — Reference to Minister to settle disputes — Concurrent remedy — Injunction ex parte — Omission to state material fact.
Administration suit — Will giving discretion to trustees to invest — Investment after decree.
Writ of assistance — Writ of habere — Lapse of time — Recognition of tenancy — Supreme Court Rules, Ch. VI., rr. 40, 43, 44, 47.
Petition for advice — Will — Gift over — Forfeiture.
Stop order — Life interest in debentures — Future income.
Stop order — Life interest in debentures — Future income.
13 Eliz. c. 5 — Transfer of Land Statute, ss. 49, 50 — Fraudulent conveyance to defeat creditors — Purchaser for value — Notice — Parties — Equitable mortgagee of purchaser — Registration of judgment.
Administration — Husband and wife — Loan by wife to husband — Separate estate.
Insolvency Statute 1871, secs. 62, 65, 75, 150 — Liquidation by arrangement — Parties — Order on further directions — Irregularity — Attachment — Order directing payment of debt and costs, made after liquidation entered into.
Real Property Statute 1864, sec. 150 — Will — Construction — Payment of mortgage debts out of general personal estate.
Mortgage of mining lease — Mortgagee in possession — Forfeiture of lease — Injury to mortgaged premises.
Stop order — Life interest in debentures — Future income.
The Lunacy Statute, secs. 75, 83 — Lunatic — Consent of, to commission — Carrying on business by committee.
Trustee — Appointment of new trustees — Breach of trust by former trustee — Increase of number.
Fund in Court — Infants — Investment — Payment of income to father.
Practice — Default in filing accounts — Four-day order — Costs — Form.
Stop order — Life interest in debentures — Future income.
Will — Construction — Bequest for erecting monument and keeping grave in repair — Trust for sale — Application of proceeds — Sale by executors after decree — Practice — Sale under direction of Court, not before hearing on further directions.
Evidence — Lunatic — Competency — Voir dire — Admissibility of evidence — Practice — Return of commission — Parties — Issues.
Will — Direction for sale of real estate — Vendor not designated — Appointment of new trustee — Surviving executor — Devolution of trust estate — Petitioners out of jurisdiction — Evidence of concurrence.
Trustee — New appointment — Absent trustee — Power to lease — Contract.
Infants — Maintenance and education — Reference to Master — Report fixing amount — Increase of allowance.
Appeal from County Court — Decree for specific performance — Right to set off mortgage against purchase-money — Substantive proceedings necessary.
Lunacy Statute, secs. 149, 154 — Lunatic patient — Inquiry — Appointment of guardian — Sale of estate to pay debts — Costs — Discharge of guardian — Evidence of recovery of lunatic.
Stop order — Life interest in debentures — Future income.
Banker's lien — Partnership — Administratrix of deceased partner — Costs — Relief — Multifariousness — Purchase in name of infant son — Transfer of Land Statute, ss. 47-50 — Practice — Undefended suit — Affidavit by officer of bank.
Stop order — Life interest in debentures — Future income.
Mistake — Fraud — Lease — Option of renewal — Renewed lease upon terms of original lease — Rectification.
"Statute of Trusts 1864," secs. 3, 61, 77, 81 — Construction — Meaning of "Trustee" in sec. 77 — Administrator — Practice — Opinion of Court — Costs out of infants' shares.
"Insolvency Statute 1871" (No. 379), secs. 31, 55, 60, 70 — Rules of the Court of Insolvency, r. 67, form 42 — Insolvency — Order absolute — Impossible date — Parol evidence — Trustee in Insolvency — Order confirming election conclusive — Contract — Uncertainty — Pleading in Equity — Parties — Husband and wife — Costs.
Will — Construction — Provisions for maintenance — Substituted and not cumulative provisions.
Mine — Order for inspection — Alleged encroachment — Motion for attachment — Obstacles presented by defendant to order being availed of.
Mortgage — Redemption suit — Costs — Practice in Equity — Further directions — Affidavit.
Stop order — Life interest in debentures — Future income.
Attachment — Non-compliance with decree.
"The Companies Statute 1864" (No. 190), secs. 7, 11, 24 — "The Banks and Currency Statute 1864" (No. 194), secs. 5, 6 — Joint Stock Company — Winding-up — Capital — Shareholder — Liability — Bank — Quarterly returns.
"The Land Act 1869" (No. 360), secs. 18, 20, 21, 22 — Licensee — Right to lease — Selection as agent or trustee — Fraud — Certificate of compliance — Cancellation by Board — Forfeiture — Waiver — Acceptance of rent.
Will — Construction — Words of limitation — Lapse.
Practice in Equity — Administration suit — Payment out of Court — Service of notice — Unnecessary appearance — Costs.
Practice in Equity — Injunction dissolved in part — Subsequent consent to injunction in full — Costs — Undefended suit — Affidavit verifying bill.
Trustees — Liability for interest on moneys retained in their hands — Rate of interest.
Injunction — Picture — Joint ownership.
Practice in Equity — Appointment of guardian ad litem — Will — Construction — Rule against perpetuities.
Practice in Equity — Liberty to apply — Application under.
Stop order — Life interest in debentures — Future income.
Will — Construction — "Right heirs" — Next of kin — Law of succession — Marshalling assets.
Practice — Amendment of decree — Lapse of time — Next of kin not parties — Supplemental order.
"Transfer of Land Statute" (No. 301), secs. 48-50 — Fraud — Notice — Practice — Supreme Court Rules, cap. vi., r. 28 — Reference to Master to inquire and report on facts — Report stating conclusions and evidence fully — Hearing of exceptions and further directions together — Death of party after judgment reserved — Pronouncing decree — Right of appeal — Commencement of time.
Crown land sale — Highway — Injunction — Jurisdiction — Nuisance.
Appeal — Mortgage of mining lease — Forfeiture for non-payment of rent — Mortgagee in possession — Appeal to Privy Council — Statement of appealable amount — Interlocutory order.
Mistake — Sale of wrong property — Relief where no mutual mistake — Interest — Appeal — Costs.
"The Companies Statute 1864" (No. 190), sec. 121 — Calls before winding-up — Voluntary winding-up — Contributories — Past members — Order to enforce payment.
Mortgage — Redemption — Release of equity of redemption to mortgagee — Invalid deed — Champerty — Inconsistent defences — Quorum.
Administrator — Mortgage of lands — Money expended in improvements — Redemption — Repayment of improved value — Bank — Mortgage — Illegality.
Undefended suit — Affidavit verifying bill — Next friend.
"The Lunacy Statute" (No. 309), sec. 74 — Lunacy inquiry — Petition by wife of alleged lunatic — Next friend — Discharge of order — Costs.
"Insolvency Statute 1871" (No. 379), sec. 90 — Practice — Petition to remove insolvent trustee — Service.
Lunacy — Investment of estate — Securities.