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Free Books / Society / Law / Equity Jurisprudence, Trusts, Equity Pleading / | ![]() |
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Section 8. Equality Is Equity |
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This section is from the book "Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Under this maxim equity will treat alike all members of a class. Those under a liability will be compelled to share such liability either equally or proportionally, according to the circumstances of the particular case; while the members of a class possessed of a common right will be given the benefits accruing therefrom either equally or proportionally.
6 Rhaten vs. Baker, 104 I11. App., 653.
7 Flagg vs. Mann, 2 Samn. (U. S.), 533. See Chapter on Mortgages.
8 Texas vs. Hardenberg, 10 Wall.,
68. 9 Dood vs. Wilson, 4 Del. Ch., 108. 10 64 Fed. Rep., 931.
The most important product of this maxim is the doctrine of contribution. The maxim is also applied in the settlement of the estates of insolvent debtors.11
 
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