THE PRINCIPLES OF EQUITY: A TREATISE ON THE SYSTEM OF JUSTICE ADMINISTERED IN COURTS OF CHANCERY (Google eBook)

Front Cover
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Contents

Doctrine of seeing to the applica States
32
Equitable liens
37
MAXIMS IN EQUITY
46
PART I
52
Patton 534
63
General result of the authorities j rally in Pennsylvania and Con
67
CHAPTER II
71
Sabine
72
IMPLIED TRUSTS
73
Resulting Trusts of four kinds exhausted
79
Donaldson
83
Trusts of this kind abolished in cer 93 Extent of this rule
85
Badgley Bruce 495 501
88
Boyces Executors v Grundy 200
91
Campfield 82
94
Bush
95
Rights of husband at common law may be created Matsey v Par
96
Liability of separate estate to her 111 How waived
108
Rubber Company 145
111
Bradish Gibbs
114
Uncertainty in the object a char 125 Characteristics of a charitable use
116
Baliol College 126
120
Gifts for religious purposes should avoid a charitable gift
122
Bowyer
131
Jurisdiction of Courts of Equity 143 Trustee cannot use his position
135
Seale 284
137
Rules in the United States 147 Remedies for breach of trust
141
Edwards 222
143
Acheson Miller 332
146
Lea 440
147
The law of Mortgages no longer 155 Absolute deed may be shown
149
Crofts
156
ASSIGNMENTS
167
Ackroyd Smithson 88 315 316 317
179
PART II
180
Davis 99
181
SPECIFIC PERFORMANCE
187
Limitation upon the jurisdiction 210 Fraud on owner of property sold
199
General divisions of the subject 217 Party deceived must be injured
205
Bennings Executors 87
207
Alloway 214 486
212
SECTION II
215
Change of the law in England marriage
221
Cole 119
223
Contracts Tate v Williamson 238 Fiduciary can make no profit
232
Subdivision of frauds of this class 253 Fraud on marital rights Strath
240
Dean of Windsor
245
Conveyances of property which power Topham v The Duke
246
Aday Echols 377 478
247
Statute not applicable to per
252
Applicable to equitable titles Le actual notice
262
Agra Bank v Barry
265
Cases in which these equities are of decedents
332
General nature of this equitable 380 Other rules as to title
337
Kell 120
342
Distinction between liens at com 356 Parties for and against whom
351
Other grounds of the superiority 383 Statute of Frauds exceptions
363
Metropolitan Board
365
When damages cannot be ascer 389 When the purchaser may be com
369
Performance in specie must be ing out of the nature of the con
375
Bardwell Perry
378
Moors Executors 130
381
Remedies at common law their defects 440 How far complainants title at law must lie established 441 Different kinds of nuisance 442 Coining to a nu...
386
Definition of an injunction litigation election between
399
Common or special 418 Bills of Peace of the second class
405
Equitable rights protected mortgages
411
Power to award owelty 500 Dower out of equitable estates
414
CHAPTER III
418
Classification of cases in which In 433 Parties who will be restrained from
428
CHAPTER IV
430
Dix
436
Copyright
451
Piracy what it
452
Other requisites to an Injunction
453
Literary Property Prince Albert v Strange
454
Questions as to publication
455
Trademarks
456
What are trademarks?
457
colorable imitations
458
Alienation of negotiable securities
459
Alienation pending litigation
460
Breach of negative covenants
461
Lurnley y Wagner
462
Instances of covenants which have been restrained
463
Negative quality imported into affirmative covenants
464
Injunctions in cases of corpora tions
465
CHAPTER VI
467
Cancellation independent of re scission
474
Relief by rescission and cancella tion a matter of judicial discre tion
475
Compensation
476
Rule in England Sir Hugh Cairness
477
No uniform rule on this subject
478
the United States
482
General nature of the right to an
486
account
487
Bills for Account 481 Inadequacy of the common law
488
CHAPTER VIII
492
BILLS QUIA TIMET RECEIVERS WRITS OF NE EXEAT AND
499
remedies
500
Origin of the remedy in equity 483 Limitations upon this remedy 489
511
Partition origin of jurisdiction of chancery
512
Disadvantages of proceeding
519
common law changes by stat ute in the United States
524
Advantages of mode of procedure in equity
526

Common terms and phrases

Popular passages

Page 72 - 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 trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 133 - A charity, in the 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 minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 370 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Page 91 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold ; whether taken in the names of the purchaser and others jointly, .. or in the names of others without that of the purchaser; whether in one name or several ; whether jointly or successive, results to the man who advances the purchase money.
Page 93 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law...
Page 262 - ... or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incumbrance, or other circumstance affecting the property of which he had actual notice...
Page 428 - ... it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Page 15 - High Court of Justice shall be constituted as follows: -The first Judges thereof shall be the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron...
Page 506 - ... fraud or imminent danger, if the intermediate possession should not be taken by the court, must be clearly proved; and (5) that, unless the necessity be of the most stringent character, the court will not appoint until the defendant is first heard in response to the application.
Page 230 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is...

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