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8 VLR (Eq)(40 results)

Cases reported in this volume of the Victorian Reports

KICKHAM v. THE QUEEN8 VLR (Eq) 1

MOLESWORTH, J.·2 Feb 1882·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), s. 106Sheriff's sale — Registration of transfer — Forfeiture of lease — Tender of rent before re-entry — Equitable title in assignee to restrain forfeiture.

DROOP v. COLONIAL BANK OF AUSTRALASIA8 VLR (Eq) 7

MOLESWORTH, J.·27 Feb 1882·Supreme Court of Victoria, In Equity

AdministratorMortgage — Notice — Improvements — Lien — Interest — Charge of fraud — Discovery — Costs.

GUTHEIL v. DELANEY8 VLR (Eq) 13

MOLESWORTH, J.·13 Mar 1882·Supreme Court of Victoria, In Equity

"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.

BENNETT v. TUCKER8 VLR (Eq) 20

MOLESWORTH, J.·13 Apr 1882·Supreme Court of Victoria, In Equity

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.

DARCY v. RYAN8 VLR (Eq) 36

MOLESWORTH, J.·17 Apr 1882·Supreme Court of Victoria, In Equity

"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.

STURGEON v. MURRAY8 VLR (Eq) 41

MOLESWORTH, J.·20 Apr 1882·Supreme Court of Victoria, In Equity

Practice in EquityReg. Gen., 2nd October, 1857 — Equity appeal sittings — Sitting of Primary Judge — Contempt — Turning over.

GRAHAM v. GIBSON8 VLR (Eq) 43

MOLESWORTH, HIGINBOTHAM, and WILLIAMS, JJ.·19 Apr 1882·Supreme Court of Victoria, In Equity

WillDirection to carry on business — Infants — Maintenance — Payment out of corpus — Liability of executors — Costs.

CUNINGHAME v. PLATT8 VLR (Eq) 55

STAWELL, C.J, WILLIAMS, MOLESWORTH, and HIGINBOTHAM, JJ.·29 Apr 1882·Supreme Court of Victoria, In Equity

Construction of deedParcels — Description by metes and, bounds, and by area — Discrepancy — Parol evidence — Falsa demonstratio — Pleading in equity — Admission in answer — Estoppel.

BARWICK v. DUCHESS OF EDINBURGH CO.8 VLR (Eq) 70

HIGINBOTHAM, and WILLIAMS, JJ.·24 Apr 1882·Supreme Court of Victoria, In Equity

"Mining Statute 1865," secs. 42, 43, 45Mining lease — Breach of condition — Waiver — Receipt of rent — Declaration of forfeiture — Re-entry by Crown — Possession — Suit for encroachment — Parties.

FORD v. YOUNG8 VLR (Eq) 93

MOLESWORTH, WILLIAMS, and HOLROYD, JJ.·26 Apr 1882·Supreme Court of Victoria, In Equity

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.

EVANS v. STEVENSON8 VLR (Eq) 108

MOLESWORTH, WILLIAMS, and HOLROYD, JJ.·26 Apr 1882·Supreme Court of Victoria, In Equity

"The Life Assurance Companies Act 1873" (No. 474), secs. 39, 40Policy of life assurance — Assignment — Trust — Notice — Valuable consideration.

BAND OF HOPE AND ALBION CONSOLS v. YOUNG BAND EXTENDED QUARTZ MINING CO.8 VLR (Eq) 120

MOLESWORTH, J.·26 Apr 1882·Supreme Court of Victoria, In Equity

Exparte injunctionMisrepresentation — "No liability" company — Securing the gold — Form of order.

CHUN GOON v. REFORM GOLD MINING CO.8 VLR (Eq) 128

STAWELL, C.J., HIGINBOTHAM, MOLESWORTH, and WILLIAMS, JJ.·23 May 1882·Supreme Court of Victoria, In Equity

Act No. 228No. 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.

ATTORNEY-GENERAL v. LANSELL8 VLR (Eq) 155

MOLESWORTH, HIGINBOTHAM, and WILLIAMS, JJ.·21 June 1882·Supreme Court of Victoria, In Equity

Pleading in EquityParties — 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.

DRYDEN v. DRYDEN8 VLR (Eq) 177

HIGINBOTHAM, and WILLIAMS, JJ.·4 Sept 1882·Supreme Court of Victoria, In Equity

Appeal for costsCosts out of fund — Discretion — Administrator.

ATTORNEY-GENERAL v. HUON8 VLR (Eq) 182

THE CHIEF JUSTICE·1 May 1882·Supreme Court of Victoria, In Equity

Practice in EquityCosts of Attorney-General in suit instituted by him.

KICKHAM v. THE QUEEN8 VLR (Eq) 187

MOLESWORTH, J.·2 Feb 1882·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), s. 106Sheriff's sale — Registration of transfer — Forfeiture of lease — Tender of rent before re-entry — Equitable title in assignee to restrain forfeiture.

MATTHEWS v. JAMES8 VLR (Eq) 188

MOLESWORTH, J.·19 June 1882·Supreme Court of Victoria, In Equity

Vendor and purchaserCertificate of title — Objection on the title — Conditions of sale — Cancellation of sale.

MACGREGOR v. TEMPLETON8 VLR (Eq) 195

MOLESWORTH, J.·10 July 1882·Supreme Court of Victoria, In Equity

Vendor and purchaserConditions of Sale — Power to vendor to rescind — Objections to title — Rescission by vendor — Specific performance — Interest on purchase-money.

RICHARDSON v. KEARTON8 VLR (Eq) 201

MOLESWORTH, J.·10 July 1883·Supreme Court of Victoria, In Equity

LeaseOption of purchase — Tender of purchase money and transfer — Specific performance — Waste.

SINNOTT v. HOCKIN8 VLR (Eq) 205

MOLESWORTH, J.·19 July 1882·Supreme Court of Victoria, In Equity

13 Eliz., cap. v.Settlement — Ante-nuptial agreement to settle — Scheme to defeat creditors — Husband and wife — Pleading in Equity — Parties.

IN RE JOHNSON8 VLR (Eq) 211

MOLESWORTH, J.·21 June 1882·Supreme Court of Victoria, In Equity

InfantGuardian — Paternal and maternal uncles — Property.

IN RE THOMPSON8 VLR (Eq) 213

MOLESWORTH, J.·26 June 1882·Supreme Court of Victoria, In Equity

"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.

WILSON v. THE ATTORNEY-GENERAL8 VLR (Eq) 215

MOLESWORTH, J.·20 July 1882·Supreme Court of Victoria, In Equity

SettlementWill — Construction — Charitable gift — Uncertainty — "Religious, charitable and useful institutions."

IN THE MATTER OF THE COMPANIES STATUTE 18648 VLR (Eq) 227

MOLESWORTH, J.·20 July 1882·Supreme Court of Victoria, In Equity

"The Companies Statute 1864" (No. 190), sec. 128Winding up — Wishes of creditors — Notice of abandonment — Costs.

BREESE v. LINDSAY8 VLR (Eq) 232

MOLESWORTH, J.·9 Aug 1882·Supreme Court of Victoria, In Equity

Specific performancePrincipal and agent — Authority to sell — Conflict of evidence — Breach of authority — Omission to answer letters — Costs.

LANE v. GOOLD8 VLR (Eq) 236

MOLESWORTH, J.·10 Aug 1882·Supreme Court of Victoria, In Equity

Practice in EquityParty made plaintiff without his consent — Motion to strike out name of plaintiff — Solicitor — Costs.

IN RE DICKASON’S TRUSTS8 VLR (Eq) 238

MOLESWORTH, J.·17 Aug 1882·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 61Petition for advice — Legacy — Married woman — Protection order — 21 & 22 Vict., cap. 108, sec. 6.

CONOLE v. HORIGAN8 VLR (Eq) 239

MOLESWORTH, J.·23 Aug 1882·Supreme Court of Victoria, In Equity

Release of dowerSettlement — Valuable consideration — 27 Eliz. cap. 4 — Purchaser for value.

M’MILLAN v. ROSS8 VLR (Eq) 243

MOLESWORTH, J.·29 Aug 1882·Supreme Court of Victoria, In Equity

WillInterpretation — Inserting words — Realty — Sale — Retrospective conversion.

KICKHAM v. THE QUEEN8 VLR (Eq) 250

MOLESWORTH, J.·5 Sept 1882·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301)Purchaser at sheriff's sale — Registration of transfer — Forfeiture — Tender of rent.

IN RE ELLIS’S SETTLED ESTATES8 VLR (Eq) 252

MOLESWORTH, J.·5 Oct 1882·Supreme Court of Victoria, In Equity

Practice in Equity"Real Property Statute 1864"(No. 213), sec. 94 — Petition for sale of settled estates — Parties.

ROSS v. VICTORIAN PERMANENT PROPERTY INVESTMENT AND BUILDING SOCIETY8 VLR (Eq) 254

MOLESWORTH, WILLIAMS, and HOLROYD, JJ.·9 Oct 1882·Supreme Court of Victoria, In Equity

CompanySecretary — 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.

BAND OF HOPE AND ALBION CONSOLS v. YOUNG BAND EXTENDED Q. M. CO.8 VLR (Eq) 277

MOLESWORTH, WILLIAMS, and HOLROYD, JJ.·23 Oct 1882·Supreme Court of Victoria, In Equity

MiningInjunction — Breach of Order — Mixing quartz — Per confusionem.

KICKHAM v. THE QUEEN8 VLR (Eq) 284

MOLESWORTH, J.·2 Feb 1882·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), s. 106Sheriff's sale — Registration of transfer — Forfeiture of lease — Tender of rent before re-entry — Equitable title in assignee to restrain forfeiture.

M’LEOD v. M’PHERSON8 VLR (Eq) 285

MOLESWORTH, J.·4 Sept 1882·Supreme Court of Victoria, In Equity

"The Land Act 1869" (No. 360)"Married Women's Property Act" (No. 384), secs. 3, 10 — Married woman — License — Lease — Chattel real.

HARDY v. WILSON8 VLR (Eq) 289

MOLESWORTH, J.·15 Sept 1882·Supreme Court of Victoria, In Equity

CompanyPowers of directors — Payment to manager of money not legally due — Indemnifying manager against costs — Jurisdiction of Court of Equity — Matter of internal management.

HEALEY v. MASON8 VLR (Eq) 301

MOLESWORTH, J.·5 Oct 1882·Supreme Court of Victoria, In Equity

Practice in EquityReg. Gen., Ch. vi., rules 13 and 34 — Dismissing bill for want of prosecution — Co-defendant not having answered.

CLARK v. CLARK8 VLR (Eq) 303

MOLESWORTH, Higinbotham, and HOLROYD, JJ.·12 Dec 1882·Supreme Court of Victoria, In Equity

Executor dealing with co-executorPurchase 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.

LEAHY v. LIGHTFOOT8 VLR (Eq) 344

MOLESWORTH, WILLIAMS, and HOLROYD, JJ.·29 Dec 1882·Supreme Court of Victoria, In Equity

Practice in EquityExecutor — Costs — Defendant really co-plaintiff — Appeal — Non-appearance for respondent — Return of deposit.