 | William Cruise - 1818 - 596 pages
...the words of the statute ; as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in and executed, in lieu of the former. Where there 34. It is said in the Treatise of Equity, bic 3. § 8. ^iat ^ a parol agreement be carried... | |
 | John Eykyn Hovenden - 1825 - 734 pages
...for instance, if one marriage agreement in writing relieveshould be proposed and drawn ; and another fraudulently and secretly brought in and executed in lieu of the former ; in this, and every similar, case of fraud, relief would be given (£). Thus, where a A deed cannot deed has been... | |
 | Great Britain. Court of Chancery - 1826 - 654 pages
...: In cases of fraud, equity should relieve, VISCOUNTESS even against the words of the statute ; as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in and executed in lieu of the former ; in this or such like cases... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1844 - 800 pages
...of its intent: thus, if one agreement, or contract in writing, were proposed and drawn ; but another secretly brought in and executed in lieu of the former ; in this, and every similar, case of fraud, relief would be given. Viscountess Mountacutc v. Maxwell, 1 P. Wms. 619... | |
 | Charles Greenstreet Addison - 1847 - 988 pages
...and if after the marriage he breaks his word, she has no remedy against him. " In cases of fraud, as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in and executed in lieu of the former, equity would relieve even... | |
 | John Fraser Macqueen - 1849 - 512 pages
...Lord Equity should relieve in cases of fraud, even against the words of '" ' ' "' ' ' the statute ; as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in and executed in lieu of the former. But where there is no fraud,... | |
 | Joseph Henry Dart - 1851 - 1234 pages
...for, otherwise the statute designed to suppress fraud would be the greatest protection to it. Hence, if one agreement in writing should be proposed and...secretly brought in and executed in lieu of the former, equity would relieve. So, if a man should treat for a loan of money on mortgage, and the conveyance... | |
 | John Bouvier - 1854 - 756 pages
...intended to defend and suppress. (a) For example, if one agreement in writing was prepared and read, and another should be fraudulently and secretly brought in and executed, in the place of the former, and the fact could be clearly proved, in this and the like case, equity would... | |
 | Joseph Story - 1866 - 860 pages
...otherwise, the statute, designed to suppress fraud, would be the greatest protection to it.3 Tims, if one agreement in writing should be proposed and...the former, in this and the like cases equity would relieve.4 So, if instructions, are given by an intended husband to prepare a marriage settlement, and... | |
 | Theophilus Parsons - 1866 - 810 pages
...Chancellor said : " In cases of fraud, equity should relieve, even against the words of the statute ; as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in and executed in lieu of the former ; in this or such like cases... | |
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in cases of fraud, equity should relieve, even against the words of the statute; as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in and executed in lieu of the former; in this or such like cases... 
