Commentaries on Equity Jurisprudence: As Administered in England and America, Volume 1
Little, Brown, 1886 - Equity
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Commentaries on Equity Jurisprudence: As Administered in England and America
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Common terms and phrases
action agreement appears applied arise authority Bank bill bond bound Brown Chancellor Chancery circumstances cited civil Comm common law condition consideration considered contract conveyance Courts of Equity Courts of Law creditor debt deed deemed defendant discovery distinction doctrine doubt edit effect entitled equally established evidence execution existence fact favor follow Fonbl fraud fraudulent give given grant ground held ignorance intention interest Jeremy John Jones judgment jurisdiction justice knowledge land Lord Madd marriage Mass matter means mistake nature notice obligation obtained opinion paid particular party payment person plaintiff present principle purchaser question reason regard relief remedy respect rule says seems Smith stand statute supposed surety taken tion treated true trust Vern whole
Page 14 - 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 389 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 112 - ... 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 18 - Jurisprudence may therefore properly be said to be that portion of remedial justice which is exclusively administered by a Court of Equity as contradistinguished from that portion of remedial justice which is exclusively administered by a Court of Common Law.
Page 430 - The received construction in England at the time they are admitted to operate in this country, indeed to the time of our separation from the British Empire, may very properly be considered as accompanying the statutes themselves and forming an integral part of them. But however we may respect subsequent decisions, — and certainly they are entitled to great respect, — we do not admit their absolute authority.
Page 222 - A seller is unquestionably liable to an action of deceit if he fraudulently represent the quality of the thing sold to be other than it is in some particulars which the buyer has not equal means with himself of knowing, or if he do so in such a manner as to induce the buyer to forbear making the inquiries which for his own security and advantage he would otherwise have made.
Page 333 - Indeed, the proposition may be stated in a more general form, — that, if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act, when required by the surety, which his duty enjoins him to do, and the omission proves injurious to the surety ; in all such cases the latter will be discharged, and he may set up such conduct as a defence to any suit brought against him, if not at law, at all events in equity.
Page 504 - The principle established in the case of Deering v. Lord Winchelsea, is universal, that the right and duty of contribution is founded in doctrines of equity. It does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors.
Page 23 - 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 401 - Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incurnbrancc, or other circumstance affecting the property of which he had actual notice...