Commentaries on Equity Jurisprudence as Administered in England and America, Volume 1Little, Brown,, 1918 - Equity |
Common terms and phrases
9 Ves accident action agreement Allen Bank Barb Beatt Beav bill Brown C. E. Green chancellor Chancery circumstances Clark common law Conn contract Court of Chancery Court of Equity Courts of Law Davis decree deed defendant doctrine execution Fonbl fraud grant relief Gratt Gray ground ignorance instrument intention Iowa John Jones Jurisd jurisdiction Kans land Lect Lefr Lord Lord Hardwicke Madd Mass Meriv Minn Misc misrepresentation mistake of fact mistake of law mortgage Mylne N. J. Eq N. Y. Supp Ohio St Oreg Paige party person plaintiff Pothier Prec principle purchaser References remedy representation rule Russ sections Smith statute Stewart Swanst testator Trust Vern Younge & Coll
Popular passages
Page 97 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 19 - 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 300 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Page 148 - The first is, that where an instrument is drawn and executed, which professes, or is intended, to carry into execution, an agreement, whether in writing or by parol, previously entered into, but which, by mistake of the draftsman, either as to fact or law, does not fulfil, or which violates the manifest intention of the parties...
Page 62 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 212 - The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity.
Page 287 - Kent says: ••The common law affords to every one reasonable protection against fraud in dealing, but It does not go to the romantic length of giving indemnity against the consequences of Idolence and folly, or a careless indifference to the ordinary and accessible means of information.
Page 202 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Page 490 - Thus, if a man, having a title to an estate which is offered for sale, and, knowing his title, stands by and encourages the sale, or does not forbid it; and thereby another person is induced to purchase the estate, under the supposition that the title is good, the former so standing by and being silent, will be bound by the sale; and neither he nor his privies will be at liberty to dispute the validity of the purchase.
Page 94 - In other words, such service may answer in all actions which are substantially proceedings in rem. But where the entire object of the action Is to determine the personal rights and obligations of the defendants — that is, where the suit is merely in personam — constructive service in this form upon a nonresident is ineffectual for any purpose.