Commentaries on Equity Jurisprudence: As Administered in England and America |
Contents
| xx | |
| xxxii | |
THE TRUE NATURE AND CHARACTER OF EQUITY JURISPRUDENCE 137 | 1 |
ADMINISTRATION | 7 |
PENALTIES AND FORFEITURES | 22 |
CHAPTER II | 35 |
CHAPTER III | 57 |
LEGACIES | 67 |
MATTERS OF RENT | 89 |
CHAPTER V | 108 |
INFANTS | 130 |
MISTAKE 110183 | 183 |
CHAPTER VI | 194 |
CONSTRUCTIVE FRAUD 258440 | 203 |
IDIOTS AND LUNATICS | 239 |
MARRIED WOMEN | 253 |
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Commentaries on Equity Jurisprudence: As Administered in England and America Joseph Story Limited preview - 2000 |
Common terms and phrases
accident agreement Allen Appeal applied Attorney-Gen authority Baker Bank Bank of United bill Black Brown Chan chancellor circumstances Civil Law Clark Comm common law contract Cooper Court of Chancery Court of Equity Courts of Common Courts of Law Davis decree deed deemed defective execution defendant discovery doctrine doubt edit England entitled Equity Jurisdiction Equity Jurisprudence executor fact favor Fonbl fraud grant relief Grounds and Rudim Hist ignorance Inst instrument intention interfere Introd Jeremy on Eq John Jones judgment juris Jurisd Jurisprudence King land Lect legatee Lord Eldon Lord Hardwicke Madd Mass matter maxim mistake of fact mistake of law Mitf Mitford nature negligence Pandects Parkes party person plaintiff Post Pothier Powell principles redress Reeves remedy at law rule says Smith statute Stewart Sugden supra testator tion trust vendor Vern Williams Wooddes
Popular passages
Page 16 - 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 27 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Page 25 - It must be adequate ; for if at law it falls short of what a party is entitled to, that founds a jurisdiction in equity. And it must be complete ; that is, it must attain the full end and justice of the case. It must reach the whole mischief, and secure the whole right of the party in a perfect manner, at the present time and in the future, otherwise equity will interfere and give such relief and aid as the particular case may require.
Page 255 - Courts of Equity, as well as Courts of Law, act upon the ground, that every person, who is not, from his peculiar condition or circumstances, under disability, is entitled to dispose of his property in such manner and upon such terms as he chooses ; and whether his bargains are wise and discreet, or otherwise, or profitable, or unprofitable, are considerations, not for Courts of Justice, but for the party himself to deliberate upon.
Page 39 - He did look upon equity as a part of the common law, and one of the grounds of it ; and therefore, as near as he could, he did always reduce it to certain rules and principles, that men might study it as a science, and not think the administration of it had any thing arbitrary in it.
Page 15 - Whereas the system of our courts of equity is a laboured connected system, governed by established rules, and bound down by precedents, from which they do not depart, although the reason of some of them may perhaps be liable to objection.