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7 VLR (Eq)(42 results)

Cases reported in this volume of the Victorian Reports

IN THE TRUST ESTATE OF HEALEY7 VLR (Eq) 1

MOLESWORTH, J.·3 Feb 1881·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871," sec. 90Insolvent Trustee — Petition — Parties — Jurisdiction — Infants — Guardian ad litem — Costs.

PATCHELL v. MAUNSELL7 VLR (Eq) 6

MOLESWORTH, J.·10 Feb 1881·Supreme Court of Victoria, In Equity

"Transfer of Land Statute," secs. 49, 50, 106, 117, 130Equitable mortgagee by deposit of certificate of title — Purchaser at sheriff's sale — Priority — Unregistered incumbrance — Duty of Registrar to register.

IN THE TRUST ESTATE OF HEALEY7 VLR (Eq) 11

MOLESWORTH, J.·3 Feb 1881·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871," sec. 90Insolvent Trustee — Petition — Parties — Jurisdiction — Infants — Guardian ad litem — Costs.

THE OLD WELSHMAN’S REEF G. M. CO. NO LIABILITY v. BUCIRDE7 VLR (Eq) 12

MOLESWORTH, J.·14 Mar 1881·Supreme Court of Victoria, In Equity

Mining companyElection of directors — Quorum — Extraordinary meeting — Injunction.

THE PARKER’S FREEHOLD UNITED Q. M. CO. NO LIABILITY v. THE PARKER’S UNITED COMPANY, NO LIABILITY7 VLR (Eq) 16

MOLESWORTH, J.·29 Mar 1881·Supreme Court of Victoria, In Equity

InjunctionInspection — Encroachment — Proving different case from that made by bill.

LANE v. LOUGHNAN7 VLR (Eq) 19

MOLESWORTH, J.·7 Apr 1881·Supreme Court of Victoria, In Equity

PremiumTenant for life — Remaindermen — Joinder of plaintiff's — Next friend — Costs — Attachment — Insolvency — Notice.

IN THE ESTATE OF DOWNING7 VLR (Eq) 22

MOLESWORTH, J.·7 Apr 1881·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 61Bequest of income for education of infants — Unexpended balance.

HOWE v. CRISP7 VLR (Eq) 24

MOLESWORTH, J.·11 Apr 1881·Supreme Court of Victoria, In Equity

Practice in EquityParties — Married woman — Administration — Separate estate — Joining husband as plaintiff — Liberty to apply to amend — Dismissal of bill — Form of notice.

COLONIAL BANK OF AUSTRALASIA v. PIE7 VLR (Eq) 28

MOLESWORTH, J.·11 Apr 1881·Supreme Court of Victoria, In Equity

PracticePleading — Setting aside fraudulent settlement of equity of redemption — Sale by mortgagee — Balance — Payment into Court.

ATTORNEY-GENERAL v. HUON7 VLR (Eq) 30

MOLESWORTH and STEPHEN, JJ.·2 May 1881·Supreme Court of Victoria, In Equity

Costs of administrationJurisdiction to direct payment out of estate — Taxation — Moderation — Commission to administrators — Commission to sureties — Principal and surety — Creditor dealing with securities — Discharge of surety.

IN RE WILLIAMSON7 VLR (Eq) 48

MOLESWORTH, J.·5 May 1881·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 61"Duties on the Estates of Deceased Persons Statute 1870" (No. 388) — Petition for advice — Duty payable in Victoria — Property situated in New South Wales.

IN THE TRUST ESTATE OF HEALEY7 VLR (Eq) 52

MOLESWORTH, J.·3 Feb 1881·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871," sec. 90Insolvent Trustee — Petition — Parties — Jurisdiction — Infants — Guardian ad litem — Costs.

IN RE BEAR’S ESTATE7 VLR (Eq) 53

MOLESWORTH, J.·8 June 1881·Supreme Court of Victoria, In Equity

16 Vic. No. 39Acts No. 59, sec. 2; No. 96, secs. 1, 12; No. 289, sec. 5 — Lands compulsorily taken — Payment out of Court of purchase-money — Disentailing deed — Petition — Costs.

MITCHELL v. BROWN7 VLR (Eq) 55

MOLESWORTH, J.·15 June 1881·Supreme Court of Victoria, In Equity

PartnershipPicture — Joint property — Sale — Uncertain agreement.

EX PARTE SCOTT7 VLR (Eq) 58

MOLESWORTH, J.·16 June 1881·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864," sec. 34Appointment of new trustees — Diminishing number of trustees — Charitable trust.

THE ATTORNEY-GENERAL v. LANSELL7 VLR (Eq) 59

MOLESWORTH, J.·17 June 1881·Supreme Court of Victoria, In Equity

Information and billParties — Mining license — Trespass — Licensors.

IN RE "THE COMPANIES STATUTE 1864,"7 VLR (Eq) 63

MOLESWORTH, J.·21 June 1881·Supreme Court of Victoria, In Equity

Joint-stock companyApplication for shares — Withdrawal of application before allotment — Shareholders' register — Notice of allotment — Contributories.

IN RE REID7 VLR (Eq) 70

MOLESWORTH, and STEPHEN, JJ.·21 July 1881·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), sec. 149Affidavit of doctor — Duration of malady — Guardian — Reference to Master.

DROOP v. THE COLONIAL BANK7 VLR (Eq) 71

STEPHEN, and HIGINBOTHAM, JJ.·20 July 1881·Supreme Court of Victoria, In Equity

AdministratorTenant in common — Allowance for improvements — Power to mortgage — "Administration Act" (No. 427), sec. 7 — "Transfer of Land Statute," secs. 49 and 50, 19 Vic. — Voluntary settlement — 27 Eliz — Bank — Mortgage advance — Setting up defence by counsel.

GREIG v. WATSON7 VLR (Eq) 79

The CHIEF JUSTICE·25 July 1881·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), secs. 84, 85, 98Mortgage — Land under Act — Land not under Act — Consolidation — Foreclosure.

IN THE MATTER OF THE METROPOLITAN PERMANENT BUILDING SOCIETY7 VLR (Eq) 86

THE CHIEF JUSTICE·23 Aug 1881·Supreme Court of Victoria, In Equity

"Building Societies Act 1874" (No. 493), ss. 2, 12, 22, 27, 38Building society — Rule — Ultra vires — Building — "Acquiring" land — Powers of corporation.

LEE v. ANDREW7 VLR (Eq) 92

HOLROYD, J.·12 Sept 1881·Supreme Court of Victoria, In Equity

"County Court Statute 1869" (No. 345), sec. 100, subsec. vii.Suit to dissolve partnership — Disputed partnership — Jurisdiction — Appeal on question of fact.

JOHNSTON v. KELLY7 VLR (Eq) 97

WILLIAMS, J.·3 Oct 1881·Supreme Court of Victoria, In Equity

Conviction for felonyForfeiture — Right to bring suit — 33 & 34 Vic., cap. 23.

IN THE TRUST ESTATE OF HEALEY7 VLR (Eq) 108

MOLESWORTH, J.·3 Feb 1881·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871," sec. 90Insolvent Trustee — Petition — Parties — Jurisdiction — Infants — Guardian ad litem — Costs.

O’SULLIVAN v. HUON7 VLR (Eq) 109

HOLROYD, J.·13 Oct 1881·Supreme Court of Victoria, In Equity

Practice in EquitySubstituted service.

BAILEY v. WRIGHT7 VLR (Eq) 111

HOLROYD, J.·14 Oct 1881·Supreme Court of Victoria, In Equity

Practice in EquityPleading in Equity — Creditors' suit — Misjoinder — Amendment — Supreme Court Rules, ch. vi., r. 20 — Direction for special inquiry — Retainer by administrator — Assertion of right to retain.

OLD WELSHMAN’S REEF COMPANY v. BUCIRDE7 VLR (Eq) 115

WILLIAMS, J.·19 Oct 1881·Supreme Court of Victoria, In Equity

Mining CompanyGeneral meeting — Quorum — Election of directors — Sham suit in name of company.

BROWN v. ABBOTT7 VLR (Eq) 121

WILLIAMS, J.·20 Oct 1881·Supreme Court of Victoria, In Equity

"Real Property Statute 1864" (No. 213) sec. 150"Locke King's Act" — Exoneration — Contrary intention — Husband receiving rents of wife's settled estate — Acquiescence — Arrears.

M’CARTHY v. RYAN7 VLR (Eq) 136

HOLROYD, J.·21 Oct 1881·Supreme Court of Victoria, In Equity

Practice in Equity"Insolvency Statute 1871" (No. 379), sec. 75 — Insolvency of defendant — Undefended suit.

CAMPBELL v. JARRETT7 VLR (Eq) 137

HOLROYD, J.·2 Nov 1881·Supreme Court of Victoria, In Equity

WillConstruction — Way of necessity — Jurisdiction — "Transfer of Land Statute" — Correcting certificate procured by fraud — Executor — Costs — Exhibits.

HOWSE v. CAMPBELL7 VLR (Eq) 145

HOLROYD, J.·6 Oct 1881·Supreme Court of Victoria, In Equity

Practice in Equity"Equity Practice Statute 1865" (No. 242), sec. 4 — Substituted service — Motion to set aside order for — Solicitor — Costs.

IN RE COURTNEY’S TRUSTS7 VLR (Eq) 149

MOLESWORTH, J.·20 Oct 1881·Supreme Court of Victoria, In Equity

Petition for advice"Statute of Trusts 1864," secs. 56, 61 — Sum in hands of executor of official assignee — Payment into Court.

HARDY v. COTTER7 VLR (Eq) 151

HOLROYD, J.·7 Nov 1881·Supreme Court of Victoria, In Equity

Principal and agentJus tertii — Sale of shares — Forfeiture — Parties.

PRATZ v. WEIGALL7 VLR (Eq) 156

MOLESWORTH, J.·16 Nov 1881·Supreme Court of Victoria, In Equity

Charitable trustSociety — Suit by individual member — Jurisdiction — Form of decree.

THE BAND AND BARTON UNITED CO., NO LIABILITY v. YOUNG BAND EXTENDED CO., NO LIABILITY7 VLR (Eq) 162

MOLESWORTH, J.·24 Nov 1881·Supreme Court of Victoria, In Equity

Interlocutory injunctionTitle — Mining encroachment — Acquiescence.

DRYDEN v. DRYDEN7 VLR (Eq) 166

MOLESWORTH, J.·24 Nov 1881·Supreme Court of Victoria, In Equity

Administration suitCosts — Plaintiff and defendant, each partly successful — Non-filing of accounts by administrator.

IN RE HYLAND7 VLR (Eq) 169

HOLROYD, J.·6 Dec 1881·Supreme Court of Victoria, In Equity

InfantsAdvancement — Breaking in on capital — Contingent interest — Practice — Notice — Consent.

BRAMLEY v. PARROTT7 VLR (Eq) 172

HOLROYD, J.·6 Dec 1881·Supreme Court of Victoria, In Equity

Specific performanceAgreement to exchange leases — Misrepresentation — Puffing — Proviso not to assign without landlord's consent — Costs — Charge of fraud.

M’VEA v. AITKEN7 VLR (Eq) 178

MOLESWORTH, J.·6 Dec 1881·Supreme Court of Victoria, In Equity

Administrator of personaltyRents of realty — Accounts — Mixing funds — Constructive trustee — Remedy at Law.

IN RE DICKASON’S TRUSTS7 VLR (Eq) 184

MOLESWORTH, J.·8 Dec 1881·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 61Petition for advice — Question of difficulty — Domicil.

PINNOCK v. HULL7 VLR (Eq) 186

MOLESWORTH, J.·8 Dec 1881·Supreme Court of Victoria, In Equity

Practice in EquityLiberty to apply — Accumulations.

BALL v. BALL7 VLR (Eq) 188

THE CHIEF JUSTICE·7 Oct 1881·Supreme Court of Victoria, In Equity

WillPartnership — Corpus — Income — Profits in business — Estoppel.