Reports of Cases Determined in the Court of Chancery, of the State of Michigan (Classic Reprint)

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Excerpt from Reports of Cases Determined in the Court of Chancery, of the State of Michigan The volume which is now presented to the public contains all the decisions made by the Hon. Elon Farnsworth while acting as Chancellor, which have been preserved. Prior to the year 1830, there was no Court of Equity distinct and separate from the courts of law. The Ordinance of Congress of 1787, for the government of the Territory Northwest of the River Ohio, did not establish a distinct and separate tribunal for the exercise of powers usually conferred upon Courts of Chancery. Neither did it vest in the courts of law any authority to exercise such powers. The provision relative to the legislative power, authorized the Governor and Judges, to adopt such laws of the original states as might be necessary and best suited to the circumstances of the district, which were to be in force unless disapproved of by Congress. Among the earliest acts of the Territorial Government of Michigan, was one relative to the jurisdiction of the courts, which was passed July, 1805, and declared that the Supreme Court should have original and exclusive jurisdiction in all cases, both in law and equity, where the title of lands was in question, but no suit in equity should be sustained in any case when adequate remedy could be had at law. The same statute provided that "on the trial of cases in equity, oral testimony and the examination of witnesses in open court should be admitted." In 1820 the Governor and Judges, who were still vested with the legislative power, passed an act directing the mode of proceeding in suits in Chancery. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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