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, Volume 1

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A.L. Bancroft and Company, 1881 - Equitable remedies
 

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Contents

I
1
IV
35
V
58
VI
75
VII
100
VIII
109
IX
126
XI
154
XXII
387
XXIII
391
XXIV
409
XXV
417
XXVII
430
XXVIII
442
XXIX
452
XXX
455

XII
177
XIII
214
XIV
226
XV
237
XVI
252
XVII
298
XIX
305
XXI
319
XXXI
457
XXXII
459
XXXIV
462
XXXV
464
XXXVI
467
XXXVII
471
XXXVIII
499
XXXIX
565

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Page 470 - The Court of Equity has, from a very early period, decided that even an Act of Parliament shall not be used as an instrument of fraud ; and if in the machinery of perpetrating a fraud an Act of Parliament intervenes, the Court of Equity, it is true, does not set aside the Act of Parliament, but it fastens on the individual who gets a title under that Act, and imposes upon him a personal obligation, because he applies the Act as an instrument for accomplishing a fraud. In this way the Court of Equity...
Page 315 - And the legislature shall vest in the said courts such other powers to grant relief in equity as shall be found necessary; and may, from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper for the due administration of justice.
Page 164 - The effect of the provision of the judiciary act, as often stated by this court, is that 'whenever a court of law is competent to take cognizance of a right, and has power to proceed to a judgment which affords a plain, adequate, and complete remedy, without the aid of a court of equity, the plaintiff must proceed at law, because the defendant has a constitutional right to a trial by jury.
Page 458 - A court of equity, which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there...
Page 438 - But where the parties to a contract against public policy, or illegal, are not in pari delicto (and they are not always so), and where public policy is considered as advanced by allowing either, or at least the more excusable of the two, to sue for relief against the transaction, relief is given to him, as we know from various authorities, of which Osborne v.
Page 552 - Upon the death of the husband, one-half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband...
Page 254 - ... where a number of persons have separate and individual claims and rights of action against the same party, but all arise from some common cause, are governed by the same legal rule and involve similar facts, and the whole matter may be settled in one action brought by all these persons uniting as coplalntiffs.
Page vi - Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail.
Page 339 - Court shall have power and authority to hear and determine in equity all cases of trust arising under deeds, wills, or in the settlement of estates, and all cases of contract in writing, where a party claims the specific performance of the same, and in which there may not be a plain, adequate, and complete remedy at law...
Page 143 - It is simply a right of a special nature over the thing, which constitutes a charge or encumbrance upon the thing, so that the very thing itself may be proceeded against in an equitable action, and either sold or sequestered under a judicial decree, and its proceeds in the one case, or its rents and profits in the other, applied upon the demand of the creditor in whose favor the lien exists.

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