A treatise on equity jurisprudence, as administered in the United States of America: adapted for all the states, and to the union of legal and equitable remedies under the reformed procedure

Front Cover
John Norton Pomeroy
Bancroft-Whitney company, 1918 - Law - 6317 pages
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Contents

THE PRESENT RELATIONS OF EQUITY WITH THE
78
REMEDIES IN WHICH THE FINAL RELIEF IS PECUNIARY
88
THE CONSTITUENT PARTS OF EQUITY
101
Amount of the settlement
113
SECTION V
139
General nature and kinds
148
PART FIRST
149
CHAPTER FIRST
153
SUITS BY WHICH PURELY LEGAL ESTATES ARE ESTAB
164
SUITS BY WHICH SOME PARTICULAR ESTATE INTEREST
169
Equitable Relief Against Actions Judgments and Exe
170
SECTION IV
175
Equitable primary rights and equities defined
177
PUBLIC OR CHARITABLE TRUSTS
187
TO PROTECT OR RESTRAIN THE VIOLATION OF OBLIGATIONS
191
14P0 Nature and object
195
EQUITABLE ASSIGNMENT OF A FUND BY ORDER OR OTHER
197
Funds not yet in existence
211
Interpleader
214
Bills of Peace
216
Alimony
217
section
218
REMEDIES IN WHICH THE FINAL RELIEF IS WHOLLY
223
General doctrine
226
Contribution
229
DONATIONS CAUSA MORTIS
255
SECTION IV
259
In the first and second classes
263
Tfao questions to be examined stated
289
Territorial limitations on the jurisdiction
298
General doctrine nature of a charge
314
Appointment of Receivers
322
GENERAL RULES FOR THE GOVERNMENT OF THE JURIS
326
SECTION II
342
THE DOCTRINE THAT JURISDICTION EXISTING OVER SOME
359
Injunctions Between Mortgagor and Mortgagee
369
Mode of exercising the jurisdiction in England
381
Suit to Prevent or Remove Cloud on TitleStatutory
385
SECTION IV
391
Specific Performance of ContractsGround and Extent
408
Elements and Incidents of the Contract Essential
415
Chapter XXlI Injunction Against Wasto
425
Extent of the liability
443
Injunction Against Nuisance
507
SECTION V
515
SS 606 607 When the presumption is rebuttable due inquiry
522
THE JURISDICTION AS HELD BY THE COURTS OF THE SEV
529
Satisfaction of debt how enforced
543
Legacies of equal amounts by the same instrument
549
given by statute
551
Subsequent gift less than the legacy
555
Effect of a codicil
561
Le Neve v Le Neve
591
SUITS FOR AN ACCOUNTING
608
Private when restrained
609
M7649 2 General theory scope and object of the legislation
655
True rationale of notice in place of a record
665
THE MAXIMS AND GENERAL PRINCIPLES OF EQUITY
669
6S3692 III Superior and equal equities
683
ASSIGNMENT OF POSSIBILITIES EXPECTANCIES AND PROP
693
Its meaning and effect
702
Conflicting decisions mode of reconciling
707
SECTION III
713
SECTION VII
734
SECTION IV
737
Specific Performance Default and Delay by Plaintiff
744
1146 General nature
751
second purchaser with from first purchaser without notice
754
Specific performance of contracts grounds of the jurisdiction
757
761 Break in the record title when purchaser is still charged with
761
SECTION V
762
WHERE THERE IS EQUAL EQUITY THE LAW MUST PREVAIL
781
Impracticability of the legal remedy
783
The pleadings
784
SECTION X
790
Mistake of law accompanied with inequitable conduct of
846
the evidence
859
When exercised by way of defense
868
Four forms and classes of fraud in equity
874
section
876
Si 492502 Dower widows election between dower and gifts by her hus
877
of anothers property
881
899 Effects of a misrepresentation
899
900907 Second Fraudulent concealments
900
901 General doctrine duty to disclose
901
When duty to disclose exists
902
Concealments by a vendee
903
Concealments by a vendor
904
Nondisclosure of facts a defense to the specific enforcement of contracts in equity
905
Concealments by buyers on credit
906
Contracts and transactions essentially fiduciary suretyship
907
908 909 Liability of principals for the fraud of their agents
908
910921 Third Jurisdiction of equity in cases of fraud
910
911 Fundamental principles of the jurisdiction
911
The English doctrine
912
fraudulent wills
913
914 The American doctrine
914
915 Incidents of the jurisdiction and relief
915
916 The same plaintiff particcps doli ratification
916
917 The same promptness delay through ignorance of the fraud
917
918 Persons against whom relief is granted bona fide purchasers
918
Particular instances of the jurisdiction judgments awards fraudulent devises and bequests preventing acts for the bene fit of others suppressing instru...
919
The same appointment unde r powers marital rights trusts
920
interest
921
essential elements
922
923 Three principal classes
923
924942 First Constructive fraud apparent from the intrinsic nature and subject of the transaction itself
924
I Inadequacy of consideration
925
Inadequacy pure and simple
926
Gross inadequacy amounting to fraud
927
Inadequacy coupled with other inequitable incidents
928
929936 II Illegal contracts and transactions
929
usury gaming smuggling
930
931935 2 Transactions illegal because opposed to public policy 931 A Contracts interfering with the freedom of marriage marriage brokerage in rest...
931
Agreements for a separation
932
B Conditions and limitations in restraint of marriage
933
C Contracts directly belonging to and affecting business rela tions restraint of trade interfering with bidding at auctions and governmental lettings puf...
934
3 Contracts illegal because opposed to good morals for illicit intercourse champerty and maintenance compounding with a felony or preventing a pr...
936
937942 III Equitable jurisdiction in case of illegal contracts 937 In usurious contracts usurious mortgages
937
In gaming contracts
938
In other illegal contracts explanation of maxim In pari etc
939
In pari delicto general rules
940
In pari delicto limitations on general rules
941
Not in pari delicto
942
943965 Second Constructive fraud inferred from the condition and rela tions of the immediate parties to the transaction 943 General description and...
943
Coverture infancy
945
Insanity
946
Mental weakness
947
Persons in vinculis ditto illiterate or ignorant
948
Intoxication
949
Duress
950
Undue influence
951
Sailors
952
Expectants heirs reversioners
953
954 Post obit contracts
954
Transactions presumptively invalid between persons in fidu ciary relations 955 Circumstances to which the principle applies
955
The general principle
956
Devise to widow and others in equal shares
957
Trustee and beneficiary
958
Principal and agent
959
Attorney and client
960
Guardian and ward
961
Parent and child
962
executors and administrators physician svnd patient spiritual advisers husband and wife partners
963
Existing creditors
972
The testament in the Roman
976
Double nature of property in land the use and the seisin
982
Equitable jurisdiction
983
SECTION VL
984
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