| Alabama. Supreme Court - Law reports, digests, etc - 1894 - 744 pages
...purposes, and passes therefore by devise, and descends to the heirs." The doctrine of conversion is an application of the maxim that equity regards that as done which ought to be done. The purpose at the foundation of the doctrine is to give effect to the intention disclosed in... | |
| Florida. Supreme Court - Law reports, digests, etc - 1887 - 562 pages
...Company approved of the bond and mortgage, which the respondent had executed; and this upon authority of the maxim, that equity regards that as done, which ought to be done. If to the maxim as stated be added this qualification, "where "nothing has intervened which ought... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1914 - 720 pages
...this record requires the application of the doctrine of equitable conversion. That doctrine rests on the maxim that equity regards that as done which ought to be done, and the situation presented by this record is a fitting illustration of the maxim. Under that... | |
| United States. Patent Office - Copyright - 1927 - 404 pages
...his name and title to protect all lawful exclusive licensees and sublicensees against inf rineers, and by the application of the maxim that " Equity...bill under proper averment by the exclusive licensee. [6, 7] The owner beyond the reach of process may be made coplaintiff by the licensee, but not until... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1917 - 702 pages
...own interest, and he is entitled to be subrogated to the rights of Vincent, his grantor. This is in application of the maxim that, equity regards that as done which ought to be done, and looks to the intent rather than to the form. Vincent, if he had paid the mortgage, would... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1056 pages
...imperative duty to sell, and "the equitable ought must exist before there can be any room for the operation of the maxim that equity regards that as done which ought to be done": 3 Pomeroy's Eq. Jur., sec. 1160; Mill* v. Harris, 104 NC 626. 2. It is insisted, however, that... | |
| Ohio. Courts - Law reports, digests, etc - 1898 - 612 pages
...proceeds from the Block whiskey until the proceeds of the other collaterals had first been exhausted. The maxim that " Equity regards that as done which ought to be done," and the doctrine that '' where one has done a thing which may either have been done rightfully... | |
| Norman Fetter - Equity - 1895 - 490 pages
...between the successions on intestacy to real and to personal property. It rests, as tvo have seen, on the maxim that equity regards that as done which ought to be done,100 and it applies whenever money or other personal property is directed to be employed in the... | |
| Arthur Underhill - Trusts and trustees - 1896 - 656 pages
...to bind the property la the hands of the parties or those having notice of the agreement, depends on the maxim that " Equity regards that as done which ought to be done." 1t follows, therefore, that where a trust depends entirely on an agreement to do something,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1897 - 1006 pages
...from the nature of the jurisdiction exercised by the courts. Those of equitable cognizance, applying the maxim that equity regards that as done which ought to be done, hold that under such a mortgage a lien attaches to the property as soon as it comes to the mortgagor's... | |
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