KICKHAM v. THE QUEEN8 VLR (Eq) 1
"Transfer of Land Statute" (No. 301), s. 106 — Sheriff's sale — Registration of transfer — Forfeiture of lease — Tender of rent before re-entry — Equitable title in assignee to restrain forfeiture.
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Cases reported in this volume of the Victorian Reports
"Transfer of Land Statute" (No. 301), s. 106 — Sheriff's sale — Registration of transfer — Forfeiture of lease — Tender of rent before re-entry — Equitable title in assignee to restrain forfeiture.
Administrator — Mortgage — Notice — Improvements — Lien — Interest — Charge of fraud — Discovery — Costs.
"Real Property Statute 1864" (No. 213), ss. 218, 220 — "The Landlord and Tenant Statute 1864" (No. 192), ss. 15, 18 — Lessor and lessee — Covenant to insure — Breach — Forfeiture — Relief upon terms — Costs.
Trustee and c. q. t. — Sale — Misrepresentation — Fraud — Undervalue — Accounts — Release — Delay — Evidence of interested party — Conversations with deceased person — Parties — Mortgagee of equitable interest — Costs.
"County Court Statute 1869" (No. 345) sec. 100, iv. — County Court — Jurisdiction — Specific performance — Exchange of lands — Condition not to assign without landlord's consent — "Amending Land Act 1865" (No. 237), sec. 42 — Illegality.
Practice in Equity — Reg. Gen., 2nd October, 1857 — Equity appeal sittings — Sitting of Primary Judge — Contempt — Turning over.
Will — Direction to carry on business — Infants — Maintenance — Payment out of corpus — Liability of executors — Costs.
Construction of deed — Parcels — Description by metes and, bounds, and by area — Discrepancy — Parol evidence — Falsa demonstratio — Pleading in equity — Admission in answer — Estoppel.
"Mining Statute 1865," secs. 42, 43, 45 — Mining lease — Breach of condition — Waiver — Receipt of rent — Declaration of forfeiture — Re-entry by Crown — Possession — Suit for encroachment — Parties.
Statute of Frauds — "Instruments and Securities Statute 1864" (No. 204), sec. 107 — Vendor and purchaser — Contract — Misnomer — Parol evidence — Estoppel by conduct — Costs — Description of parcels.
"The Life Assurance Companies Act 1873" (No. 474), secs. 39, 40 — Policy of life assurance — Assignment — Trust — Notice — Valuable consideration.
Exparte injunction — Misrepresentation — "No liability" company — Securing the gold — Form of order.
Act No. 228 — No. 409, ss. 124, 131 — No. 446, sec. 7 — Mining company — Exclusive license — Tribute agreement — Authority of manager — Sanction of shareholders — Part performance — Statute of Frauds.
Pleading in Equity — Parties — Gold-mining on private property — Joinder of Attorney-General and freeholders — Evidence — Mining encroachment — Reg. Gen., cap. vi., r. 2, 21 — Motion to vary decree — Cross appeal.
Appeal for costs — Costs out of fund — Discretion — Administrator.
Practice in Equity — Costs of Attorney-General in suit instituted by him.
"Transfer of Land Statute" (No. 301), s. 106 — Sheriff's sale — Registration of transfer — Forfeiture of lease — Tender of rent before re-entry — Equitable title in assignee to restrain forfeiture.
Vendor and purchaser — Certificate of title — Objection on the title — Conditions of sale — Cancellation of sale.
Vendor and purchaser — Conditions of Sale — Power to vendor to rescind — Objections to title — Rescission by vendor — Specific performance — Interest on purchase-money.
Lease — Option of purchase — Tender of purchase money and transfer — Specific performance — Waste.
13 Eliz., cap. v. — Settlement — Ante-nuptial agreement to settle — Scheme to defeat creditors — Husband and wife — Pleading in Equity — Parties.
Infant — Guardian — Paternal and maternal uncles — Property.
"Lands Clauses Consolidation Act 1845," ss. 78, 80 — "The Public Works Statute 1865" (No. 289), sec. 266 — Lands compulsorily taken — Act No. 617 — Board of Land and Works — Petition — Costs.
Settlement — Will — Construction — Charitable gift — Uncertainty — "Religious, charitable and useful institutions."
"The Companies Statute 1864" (No. 190), sec. 128 — Winding up — Wishes of creditors — Notice of abandonment — Costs.
Specific performance — Principal and agent — Authority to sell — Conflict of evidence — Breach of authority — Omission to answer letters — Costs.
Practice in Equity — Party made plaintiff without his consent — Motion to strike out name of plaintiff — Solicitor — Costs.
"Statute of Trusts 1864" (No. 234), sec. 61 — Petition for advice — Legacy — Married woman — Protection order — 21 & 22 Vict., cap. 108, sec. 6.
Release of dower — Settlement — Valuable consideration — 27 Eliz. cap. 4 — Purchaser for value.
Will — Interpretation — Inserting words — Realty — Sale — Retrospective conversion.
"Transfer of Land Statute" (No. 301) — Purchaser at sheriff's sale — Registration of transfer — Forfeiture — Tender of rent.
Practice in Equity — "Real Property Statute 1864"(No. 213), sec. 94 — Petition for sale of settled estates — Parties.
Company — Secretary — Implied authority — Vendor and purchaser — Production of title "withont prejudice" — Mortgage — Power of sale — Mortgagee selling lands under different mortgages in one lot — Principal and agent — Authority to sell real estate — Open contract — Charges of fraud — Costs. "Transfer of Land Statute" (No. 301), s. 85 — Protection of purchaser from inquiry.
Mining — Injunction — Breach of Order — Mixing quartz — Per confusionem.
"Transfer of Land Statute" (No. 301), s. 106 — Sheriff's sale — Registration of transfer — Forfeiture of lease — Tender of rent before re-entry — Equitable title in assignee to restrain forfeiture.
"The Land Act 1869" (No. 360) — "Married Women's Property Act" (No. 384), secs. 3, 10 — Married woman — License — Lease — Chattel real.
Company — Powers of directors — Payment to manager of money not legally due — Indemnifying manager against costs — Jurisdiction of Court of Equity — Matter of internal management.
Practice in Equity — Reg. Gen., Ch. vi., rules 13 and 34 — Dismissing bill for want of prosecution — Co-defendant not having answered.
Executor dealing with co-executor — Purchase of testator's estate — Devisee in trust — Disclaimer — Surviving partner purchasing partnership estate — Concealment — Statute of Limitations — Fraud — Acquiescence — Pleading in Equity — Bill — Statement of facts — Inference of law.
Practice in Equity — Executor — Costs — Defendant really co-plaintiff — Appeal — Non-appearance for respondent — Return of deposit.