Modern American law: a systematic and comprehensive commentary on the fundamental principles of American law and procedure, accompanied by leading illustrative cases and legal forms, with a rev. ed. of Blackstone's Commentaries, Volume 7 (Google eBook)

Front Cover
Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1914 - Law
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Contents

Same subject5 Hardship and unfairness
22
Same subject6 Mutuality
24
Same subject7 Doubtful title
26
Time not generally of the essence
27
How time may be made of the essence
28
Statute of FraudsDoctrine of part performance
29
Acts of part performancePayment
31
Same subjectContinuance in possession
32
Same subjectService
33
Partial specific performance with compensation
34
Specific performance against third persons
35
Same subjectEquitable easements
36
Same subjectEquitable easements continued
37
Death of parties to contract
38
Vendors lien
40
Waste or destruction of the premises
41
Summing up specific performance
42
CHAPTER III
44
Equitable waste
46
TrespassGrounds for injunction
47
Same subjectTitle in disputePreliminary injunc tion
49
Same subjectMandatory injunction
50
Trespass to personal property
51
Same subjectTrial at law
52
Same subjectDecreeAs to balancing of injuries
53
Same subjectLachesForm of decree
55
Public nuisance
56
Same subjectPreliminary injunction
57
Copyrights and literary property
58
TrademarksUnfair competition
59
Other tortsTrade libels strikes boycotts etc
60
Injunction against state and municipal officers
62
Injunction against taxation
63
Injunction in aid of other equitable remedies
64
Injunctions against actions and judgments at law Equitable defenses
65
Same subjectJudgments obtained by fraud or acci dent
66
CHAPTER IV
69
Same subject
70
ReformationMutual mistake
71
When there can be no reformation
72
RescissionWhen for mutual mistake
73
No rescission for mutual mistake as to value
74
Unilateral mistakeGenerally no rescission or refor mation
75
Unilateral mistake known to other party in making contract
76
Same subject
77
not express the contract
78
Same subjectInequitable conduct of other party
79
8Q Same subjectCompromises
80
Same subjectMistake of law in gifts
81
CHAPTER V
82
Same subjectOther illustrations
83
Same subjectNumerous plaintiffs
85
Same subjectLimitation on the principle
86
Cloud on title
88
Same subjectInstrument invalid on its face no cloud
89
Statutory suit to quiet title
91
Where partition is inconvenientOwelty of partition
92
Same subjectPartition sale
93
Partition of personal property
94
CHAPTER VI
95
Same subjectWhen the legal remedy is adequate
96
Exoneration
97
Contribution
98
Same subjectWhen the legal remedy is inadequate
99
SECTION PAGE 102 Provisional remedies
101
Same subjectSame thingDebt or duty
102
Same subjectPlaintiff a mere stakeholder
103
Same subjectPrivity between the claimants
104
Same subjectNo independent liability to either claimant
105
Receivers
106
Same subjectWhen appointed
107
Same subjectCorporation receivers
108
Same subjectThe receivers possession
110
Same subjectSuits against and by the receiver Ill 113 Same subjectReceivers management of the property
112
The auxiliary jurisdictionDiscovery
114
Same subjectEffect of statutes upon the jurisdiction
115
EQUITABLE PROPERTY RIGHTS AND INTERESTS 118 Equitable estates
117
CHAPTER VIII
119
Classes of trustsPassive trusts
120
Express active trusts
121
Parties to trusts
122
Descent and succession
123
What are public or charitable purposes
124
Creation of express trusts
125
and constructive trusts
126
Resulting trusts
127
Constructive trusts
128
Same subject
129
Duties of express trustees
130
Duty of care and diligence
131
The trustees compensation and allowance
132
Removal and appointment of trustees
133
RECOVERY FOR BENEFITS CONFERRED WITHOUT REQUEST
134
CHAPTER IX
135
Her power of disposition and contract
136
The equity to a settlement
137
Interests arising from equitable conversion
138
Reconversion
139
Jurisdiction over infants
140
Jurisdiction over lunatics and idiots
141
CHAPTER X
143
American theoriesTitle theory states
144
Lien theory states
145
Foreclosure by sale
146
SECTION PAGE 152 When deeds are treated as mortgages
147
Conveyance of the mortgaged premises
148
Assignment of the mortgage
149
No mortgage without right of redemption
151
Who may redeem from the mortgage
152
Same subject
153
Marshalling of securities
154
Foreclosure where land has been sold in successive parcels
155
CHAPTER XI
157
Vendors lien
158
Same subject
159
Grantors reserved lien
160
Equitable interests arising from assignments
161
Sale or mortgage of after acquired personal property
162
PART III
164
Fraud actual and constructive
166
SECTION PAGE 174 Concealment and nondisclosure
167
Same subjectNondisclosure by fiduciaries
168
Inadequacy of consideration
169
Persons wholly or partially incompetent
170
Expectant heirs and reversions
171
Duress and undue influence
172
Fiduciary relationsTransactions presumed invalid
173
Ratification and acquiescence
174
Illegal contractsIn pari delicto rule
175
Same subjectParties not in pari delicto
176
CHAPTER XIII
177
Same subject
178
Applications of equitable estoppel
179
Penalties and forfeitures
180
Forfeitures
182
The doctrine of election
183
Same subjectDonor has a partial interest
184
Same subjectElection by widow as to dower
185
The doctrine of satisfaction
186
CHAPTER XIV
189
Same subject
191
Constructive notice1 By possession
192
Constructive notice2 Notice by lis pendens
194
SECTION PAGE 202 Same subject3 Notice by reference in the chain of title
195
Same subject4 Notice by recording
196
To whom the record is notice
198
Other notice in place of a record
199
Constructive notice5 Notice to agent is notice to principal
200
Bona fide purchaserThe valuable consideration
201
Same subjectThe payment
202
Purchaser with notice from a bona fide purchaser
203
Is a quitclaim grantee a bona fide purchaser?
204
How the question of bona fide purchase may arise
205
Priorities
206
What equities are intrinsically superiorPurchase money mortgagesJudgment liens
207
Equity inferior because of conduct of holder thereof Effect of notice
208
Priorities on assignment of things in action or of a trust fund
210
CHAPTER XV
212
Equity will not suffer a wrong without a remedy
213
Equity follows the law
214
He who seeks equity must do equity
215
Same subject
216
He who comes into equity must come with clean hands
217
Same subject
218
Same subject
219
The effect of the Statute of Uses
235
American system of trusts taken bodily from the English
236
CHAPTER II
237
Bailment
238
Equitable charge
239
Assignment of a chose in action
240
Agency
241
Guardianship
242
CHAPTER III
243
Language necessary to create an express trust
244
Formality necessary to create a trust
246
What writing will satisfy the Statute of Frauds
248
Trusts created by will
249
When is consideration necessary?
250
The transfer of the propertya The owner makes a third person trustee
252
Same subjectb The owner makes himself a trustee
254
Are notice to and acceptance by the beneficiary necessary?
255
Same subjectContinued
257
Acceptance by trustee unnecessary to creation of trust
260
CHAPTER IV
262
Conveyance without con sideration
263
Imperfect or illegal declara tion of trust
265
Payment of purchase price by one title taken in the name of another
268
Statutory modifications
270
Payment of purchase price with fiduciary funds
272
General theory underlying constructive trusts
273
Actual fraud or other wrongdoing
275
Violation of voidable oral promise as fraud
277
Fraud presumeda Fiduciary transactions with respect to trust property
279
Same subjectb Contracts between persons upon an unequal footing
280
CHAPTER V
282
Effect of legislation on passive trusts
283
SECTION PAGE 43 Trust purposes valid at common law
284
Statutory restrictions of the purposes of real property trusts
285
Effect of attempt to create unauthorized trust
286
Restrictions on the purposes of trusts through the rule against perpetuities
288
against accumulations
290
The more common purposes of express private trusts
292
Trusts for married women
293
Spendthrift trusts
294
CHAPTER VI
297
History of charitable trusts
298
What purposes are charitable?
299
Attitude of equity toward charitable trusts with
301
The purposes of charitable trusts as affected by the rules against perpetuities and accumulations
303
CHAPTER VII
306
Who may be a trustee
307
Trust will not fail for want of a trustee
308
Appointment of the trustee
309
Acceptance or refusal by trustee
310
The trustees bond
311
The powers of a trustee classified
313
The more common express powers of a trustee
315
Powers of joint trustees
317
Delegation of trust power
319
THE TRUSTEEHIS DUTIES RIGHTS LIABILITIES
321
Same subjecte Possession and control of the trust
328
The trustees liabilitiesa For his own acts
334
CHAPTER IX
342
CHAPTER X
350
Same subjectd May obtain change of control
356
CHAPTER I
363
CHAPTER II
374
Conversion
380
SECTION PAGE 18 Other torts
386
Election
387
Same subjectJoint tortfeasors
388
CHAPTER III
390
Duress of person
391
Duress of goods
392
Interference with real property
393
Interference with business
394
Nonperformance of duty by public officer
396
Nonperformance of duty by public service corporations
398
Usurious interest
399
CHAPTER IV
401
Money paid after action begun but before judgment
402
Same subjectGoods seized under process
403
Money paid after judgmentRes judicata
404
Same subjectVoid judgment
405
Same subjectJudgment subsequently reversed
406
Same subjectGrounds of reversal
407
Compulsory discharge of anothers obligation
408
Same subjectObligation discharged by one not per sonally liable
409
Same subjectObligation discharged by cocontractor
410
Same subjectObligation discharged by joint tort feasor
411
SECTION PAGE 43 In general
414
Same subject
415
Same subject
416
Preservation of life
417
Preservation of property
418
Same subjectProperty lost and found
419
CHAPTER VI
421
Effect of payors knowledge or belief
422
Same subjectForgotten facts
423
Payors assumption of riskCompromise
424
Same subjectIllustrations
425
When defendant may justly retain benefit 426
426
Same subject Plaintiff negligent and defendants position changed
428
B Particular Applications 59 Gift bestowed under mistake
429
Incidental benefits
430
Mistake as to formation of contract
431
Mistake as to subject matter of contract
432
Mistake as to title of vendor
433
Improvements upon real property
434
RECOVERY FOR BENEFITS CONFERRED UNDER CON TRACTUAL AGREEMENT SECTION PAGE 66 In general
437
Same subjectPlaintiff not in pari delicto
438
Same subjectOther exceptions
440
Contract unenforcible on account of Statute of Frauds Defendant in default
441
Same subjectPlaintiff in default
442
Same subjectRecovery for improvements on land
443
Contract unenforcible on account of impossibility Plaintiffs performance impossible
444
Same subjectDefendants performance impossible
446
Contract unenforcible on account of plaintiffs breach
447
Same subjectConflicting cases
448
Same subjectConclusion
449
Quasicontractual remedy for breach of contract
450
Same subjectRestoration of benefit as condition of recovery
451
Bibliography 361
452
SECTION PAGE 1 Definition of estoppel
453
CHAPTER I
455
Final judgment
456
Identity of cause in issue
457
Parties
458
Privies
460
Jurisdiction
461
Judgments in rem
463
Foreign judgments
464
CHAPTER II
467
Parties and privies
468
Extent of estoppel
469
Same subjectContinued
470
Title by estoppel
471
Effect of common law warranty
473
Estoppel between grantor and grantee
474
Between first and second grantee from same grantor
475
ESTOPPEL BY CONTRACT
477
CHAPTER IV
483
Must be reliance
490
Landlord and tenant
496
Leading Illustrative Cases Table of Contents
531
TITLE OP CASE PAGE
535
LEADING ILLUSTRATIVE CASES
539
PART I
548
Tayloe
554
Jackson et al v Stevenson
564
Noonan
572
CHAPTER IV
582
CHAPTER V
590
CHAPTER VI
597
Farmers Loan Trust Co v Grape Creek Coal Company
605
Berton
618
OTHER EQUITABLE PROPERTY RIGHTSADMINISTRA
623
CHAPTER X
630
CHAPTER XI
638
CHAPTER XIII
649
TITLE OF CASE PAGE
656
CHAPTER XV
664
THE TRUSTEEHIS APPOINTMENT QUALIFICATION
710
In Re Arguellos Estate
718
CHAPTER X
729
Brown
735
Gleason
741
Index
785

Common terms and phrases

Popular passages

Page 245 - Car. 2, c. 3, s. 7, that all declarations or creations of trusts, or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect...
Page 258 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the passbook or notice to the beneficiary.
Page 5 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 295 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their...
Page 744 - This kind of equitable action, to recover back money which ought not in justice to be kept, is very beneficial, and therefore much encouraged.
Page 368 - But it lies for money paid by mistake; or upon a consideration which happens to fail ; or for money got through imposition, (express, or implied;) or extortion; or oppression; or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
Page 460 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 582 - Wherever a person is ignorant or mistaken with respect to his own antecedent and existing private legal rights, interests, estates, duties, liabilities, or other relation, either of property or contract or personal status., and enters into some transaction the legal scope and operation of which he correctly apprehends and understands, for the purpose of affecting such assumed rights, interests, or...
Page 534 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 725 - Code of 1954, with interest thereon as required by law, then this obligation shall be void; otherwise It shall be and remain In full force and effect.

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