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6 VLR (Eq)(62 results)

Cases reported in this volume of the Victorian Reports

GREEN v. SUTHERLAND6 VLR (Eq) 1

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

OSBORNE v. OSBORNE6 VLR (Eq) 3

MOLESWORTH, J.·19 Feb 1880·Supreme Court of Victoria, In Equity

InfantsMaintenance — Allowance by will disproportionate to ultimate fortune — Increase by Court.

MERRY v. THE QUEEN6 VLR (Eq) 7

MOLESWORTH, J.·25 Feb 1880·Supreme Court of Victoria, In Equity

Petition and billDemurrer — Parties — Want of equity.

URQUHART v. M’PHERSON6 VLR (Eq) 17

MOLESWORTH, J.·4 Mar 1880·Supreme Court of Victoria, In Equity

DemurrerFraud — Statute of Limitations — Partnership.

THE ATTORNEY-GENERAL v. PRESIDENT &c. OF THE SHIRE OF WIMMERA6 VLR (Eq) 24

MOLESWORTH, J.·20 Feb 1880·Supreme Court of Victoria, In Equity

"Local Government Act 1874" (No. 506), secs. 252, 260, 306, 342, 519Shire — Proposed Works — Contract — Estimate — Reference to Minister to settle disputes — Concurrent remedy — Injunction ex parte — Omission to state material fact.

GIBBS v. GIBBS6 VLR (Eq) 30

MOLESWORTH, J.·20 Feb 1880·Supreme Court of Victoria, In Equity

Administration suitWill giving discretion to trustees to invest — Investment after decree.

SLACK v. ATKINSON6 VLR (Eq) 32

MOLESWORTH, J.·26 Feb 1880·Supreme Court of Victoria, In Equity

Writ of assistanceWrit of habere — Lapse of time — Recognition of tenancy — Supreme Court Rules, Ch. VI., rr. 40, 43, 44, 47.

IN RE ELLIS’S TRUSTS6 VLR (Eq) 35

MOLESWORTH, J.·8 Mar 1880·Supreme Court of Victoria, In Equity

Petition for adviceWill — Gift over — Forfeiture.

GREEN v. SUTHERLAND6 VLR (Eq) 36

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

GREEN v. SUTHERLAND6 VLR (Eq) 37

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

COLONIAL BANK OF AUSTRALASIA v. PIE6 VLR (Eq) 38

MOLESWORTH, J.·31 Mar 1880·Supreme Court of Victoria, In Equity

13 Eliz. c. 5Transfer of Land Statute, ss. 49, 50 — Fraudulent conveyance to defeat creditors — Purchaser for value — Notice — Parties — Equitable mortgagee of purchaser — Registration of judgment.

HUTCHISON v. HUTCHISON6 VLR (Eq) 44

MOLESWORTH, J.·31 Mar 1880·Supreme Court of Victoria, In Equity

AdministrationHusband and wife — Loan by wife to husband — Separate estate.

ENGLAND v. MOORE6 VLR (Eq) 48

MOLESWORTH, BARRY and STEPHEN, JJ.·22 Apr 1880·Supreme Court of Victoria, In Equity

Insolvency Statute 1871, secs. 62, 65, 75, 150Liquidation by arrangement — Parties — Order on further directions — Irregularity — Attachment — Order directing payment of debt and costs, made after liquidation entered into.

MACARTNEY v. KESTERSON6 VLR (Eq) 56

MOLESWORTH, J.·3 May 1880·Supreme Court of Victoria, In Equity

Real Property Statute 1864, sec. 150Will — Construction — Payment of mortgage debts out of general personal estate.

UNITED HAND-IN-HAND AND BAND OF HOPE COY. v. THE NATIONAL BANK OF AUSTRALASIA6 VLR (Eq) 60

MOLESWORTH, J.·3 May 1880·Supreme Court of Victoria, In Equity

Mortgage of mining leaseMortgagee in possession — Forfeiture of lease — Injury to mortgaged premises.

GREEN v. SUTHERLAND6 VLR (Eq) 69

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

IN RE BULL6 VLR (Eq) 70

MOLESWORTH, J.·11 May 1880·Supreme Court of Victoria, In Equity

The Lunacy Statute, secs. 75, 83Lunatic — Consent of, to commission — Carrying on business by committee.

IN THE ESTATE OF FISHER6 VLR (Eq) 73

Upon this day the Court made the order as sought.·19 May 1880·Supreme Court of Victoria, In Equity

TrusteeAppointment of new trustees — Breach of trust by former trustee — Increase of number.

IN RE CAMERON6 VLR (Eq) 74

MOLESWORTH, J.·19 May 1880·Supreme Court of Victoria, In Equity

Fund in CourtInfants — Investment — Payment of income to father.

GRAHAM v. GIBSON6 VLR (Eq) 75

MOLESWORTH, J.·20 May 1880·Supreme Court of Victoria, In Equity

PracticeDefault in filing accounts — Four-day order — Costs — Form.

GREEN v. SUTHERLAND6 VLR (Eq) 77

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

WISEMAN v. KILDAHL6 VLR (Eq) 78

MOLESWORTH, J.·3 June 1880·Supreme Court of Victoria, In Equity

WillConstruction — 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.

WHITE v. HODDLE6 VLR (Eq) 82

MOLESWORTH, J.·28 May 1880·Supreme Court of Victoria, In Equity

EvidenceLunatic — Competency — Voir dire — Admissibility of evidence — Practice — Return of commission — Parties — Issues.

IN THE WILL OF CROSBY6 VLR (Eq) 96

MOLESWORTH, J.·8 June 1880·Supreme Court of Victoria, In Equity

WillDirection 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.

IN THE SETTLEMENT OF WILLS6 VLR (Eq) 99

MOLESWORTH, J.·14 June 1880·Supreme Court of Victoria, In Equity

TrusteeNew appointment — Absent trustee — Power to lease — Contract.

IN RE M’WHAE’S ESTATE6 VLR (Eq) 100

MOLESWORTH, J.·1 Jan 1906·Supreme Court of Victoria, In Equity

InfantsMaintenance and education — Reference to Master — Report fixing amount — Increase of allowance.

WARREN v. PERREY6 VLR (Eq) 103

MOLESWORTH, J.·17 June 1880·Supreme Court of Victoria, In Equity

Appeal from County CourtDecree for specific performance — Right to set off mortgage against purchase-money — Substantive proceedings necessary.

IN RE CHAMBERS6 VLR (Eq) 107

MOLESWORTH, J.·15 July 1880·Supreme Court of Victoria, In Equity

Lunacy Statute, secs. 149, 154Lunatic patient — Inquiry — Appointment of guardian — Sale of estate to pay debts — Costs — Discharge of guardian — Evidence of recovery of lunatic.

GREEN v. SUTHERLAND6 VLR (Eq) 110

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

BANK OF VICTORIA v. RAWLING6 VLR (Eq) 111

MOLESWORTH, J.·2 July 1880·Supreme Court of Victoria, In Equity

Banker's lienPartnership — 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.

GREEN v. SUTHERLAND6 VLR (Eq) 120

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

JOHNSON v. DONALDSON6 VLR (Eq) 121

MOLESWORTH, J.·8 July 1880·Supreme Court of Victoria, In Equity

MistakeFraud — Lease — Option of renewal — Renewed lease upon terms of original lease — Rectification.

IN RE BOWMAN’S TRUSTS6 VLR (Eq) 124

MOLESWORTH, J.·12 July 1880·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864," secs. 3, 61, 77, 81Construction — Meaning of "Trustee" in sec. 77 — Administrator — Practice — Opinion of Court — Costs out of infants' shares.

SHIELS v. DRYSDALE6 VLR (Eq) 126

MOLESWORTH, J.·15 July 1880·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871" (No. 379), secs. 31, 55, 60, 70Rules 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.

OSBORNE v. OSBORNE6 VLR (Eq) 132

MOLESWORTH, J.·15 July 1880·Supreme Court of Victoria, In Equity

WillConstruction — Provisions for maintenance — Substituted and not cumulative provisions.

THE ATTORNEY-GENERAL v. LANSELL6 VLR (Eq) 134

MOLESWORTH, J.·6 Aug 1880·Supreme Court of Victoria, In Equity

MineOrder for inspection — Alleged encroachment — Motion for attachment — Obstacles presented by defendant to order being availed of.

MURPHY v. MITCHELL6 VLR (Eq) 140

MOLESWORTH, J.·10 Aug 1880·Supreme Court of Victoria, In Equity

MortgageRedemption suit — Costs — Practice in Equity — Further directions — Affidavit.

GREEN v. SUTHERLAND6 VLR (Eq) 143

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

FILLER v. STEPHENS6 VLR (Eq) 144

MOLESWORTH, J.·19 Aug 1880·Supreme Court of Victoria, In Equity

AttachmentNon-compliance with decree.

IN RE PROVINCIAL AND SUBURBAN BANK6 VLR (Eq) 145

MOLESWORTH, J.·30 Aug 1880·Supreme Court of Victoria, In Equity

"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.

EVANS v. THE QUEEN6 VLR (Eq) 150

MOLESWORTH, J.·31 Aug 1880·Supreme Court of Victoria, In Equity

"The Land Act 1869" (No. 360), secs. 18, 20, 21, 22Licensee — Right to lease — Selection as agent or trustee — Fraud — Certificate of compliance — Cancellation by Board — Forfeiture — Waiver — Acceptance of rent.

PLUMMER v. HOOD6 VLR (Eq) 159

MOLESWORTH, J.·31 Aug 1880·Supreme Court of Victoria, In Equity

WillConstruction — Words of limitation — Lapse.

PUNCH v. PUNCH6 VLR (Eq) 161

MOLESWORTH, J.·10 Sept 1880·Supreme Court of Victoria, In Equity

Practice in EquityAdministration suit — Payment out of Court — Service of notice — Unnecessary appearance — Costs.

THE ATTORNEY-GENERAL v. PRESIDENT, &c., OF THE SHIRE OF WIMMERA6 VLR (Eq) 162

MOLESWORTH, J.·4 Oct 1880·Supreme Court of Victoria, In Equity

Practice in EquityInjunction dissolved in part — Subsequent consent to injunction in full — Costs — Undefended suit — Affidavit verifying bill.

ADAMSON v. REID6 VLR (Eq) 164

MOLESWORTH, J.·14 Oct 1880·Supreme Court of Victoria, In Equity

TrusteesLiability for interest on moneys retained in their hands — Rate of interest.

MITCHELL v. BROWN6 VLR (Eq) 168

MOLESWORTH, J.·14 Oct 1880·Supreme Court of Victoria, In Equity

InjunctionPicture — Joint ownership.

KER v. HAMILTON6 VLR (Eq) 172

MOLESWORTH, J.·21 Oct 1880·Supreme Court of Victoria, In Equity

Practice in EquityAppointment of guardian ad litem — Will — Construction — Rule against perpetuities.

PHAIR v. POWELL6 VLR (Eq) 177

MOLESWORTH, J.·21 Oct 1880·Supreme Court of Victoria, In Equity

Practice in EquityLiberty to apply — Application under.

GREEN v. SUTHERLAND6 VLR (Eq) 180

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, In Equity

Stop orderLife interest in debentures — Future income.

IN RE GOODMAN’S TRUST ESTATE6 VLR (Eq) 181

MOLESWORTH, J.·1 Nov 1880·Supreme Court of Victoria, In Equity

WillConstruction — "Right heirs" — Next of kin — Law of succession — Marshalling assets.

ATTORNEY-GENERAL v. HUON6 VLR (Eq) 184

MOLESWORTH, J.·4 Nov 1880·Supreme Court of Victoria, In Equity

PracticeAmendment of decree — Lapse of time — Next of kin not parties — Supplemental order.

THE COLONIAL BANK OF AUSTRALASIA v. PIE6 VLR (Eq) 186

MOLESWORTH, J.·8 Nov 1880·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), secs. 48-50Fraud — 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.

PIKE v. THE QUEEN6 VLR (Eq) 194

MOLESWORTH, J.·11 Nov 1880·Supreme Court of Victoria, In Equity

Crown land saleHighway — Injunction — Jurisdiction — Nuisance.

THE UNITED HAND-IN-HAND AND BAND OF HOPE COY. v. THE NATIONAL BANK OF AUSTRALASIA6 VLR (Eq) 198

BARRY, STEPHEN and MOLESWORTH, JJ.·25 Oct 1880·Supreme Court of Victoria, In Equity

AppealMortgage of mining lease — Forfeiture for non-payment of rent — Mortgagee in possession — Appeal to Privy Council — Statement of appealable amount — Interlocutory order.

ASHLEY v. COOK6 VLR (Eq) 204

MOLESWORTH and HIGINBOTHAM, J.·4 Oct 1880·Supreme Court of Victoria, In Equity

MistakeSale of wrong property — Relief where no mutual mistake — Interest — Appeal — Costs.

IN RE MELBOURNE AND CHAMPION BAY LEAD M. CO. LTD.6 VLR (Eq) 211

MOLESWORTH, J.·11 Nov 1880·Supreme Court of Victoria, In Equity

"The Companies Statute 1864" (No. 190), sec. 121Calls before winding-up — Voluntary winding-up — Contributories — Past members — Order to enforce payment.

BROUGHAM v. THE MELBOURNE BANKING CORPORATION6 VLR (Eq) 214

MOLESWORTH, J.·16 Nov 1880·Supreme Court of Victoria, In Equity

MortgageRedemption — Release of equity of redemption to mortgagee — Invalid deed — Champerty — Inconsistent defences — Quorum.

DROOP v. THE COLONIAL BANK OF AUSTRALASIA6 VLR (Eq) 228

MOLESWORTH, J.·6 Dec 1880·Supreme Court of Victoria, In Equity

AdministratorMortgage of lands — Money expended in improvements — Redemption — Repayment of improved value — Bank — Mortgage — Illegality.

CAMERON v. MACNAMARA6 VLR (Eq) 236

MOLESWORTH, J.·8 Dec 1880·Supreme Court of Victoria, In Equity

Undefended suitAffidavit verifying bill — Next friend.

IN RE FEEHAN6 VLR (Eq) 237

MOLESWORTH, J.·9 Dec 1880·Supreme Court of Victoria, In Equity

"The Lunacy Statute" (No. 309), sec. 74Lunacy inquiry — Petition by wife of alleged lunatic — Next friend — Discharge of order — Costs.

IN THE TRUST ESTATE OF HEALEY6 VLR (Eq) 240

MOLESWORTH, J.·9 Dec 1880·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871" (No. 379), sec. 90Practice — Petition to remove insolvent trustee — Service.

IN RE ANDERSON6 VLR (Eq) 241

MOLESWORTH, J.·20 Dec 1880·Supreme Court of Victoria, In Equity

LunacyInvestment of estate — Securities.