Where the equities are equal there is no reason for equity to favor one over the other, and the one with the legal title will therefore prevail.

Thus "where a debtor promised to secure two creditors holding equal claims, one of them, who obtained a conveyance, was held to have thereby acquired a legal advantage over the other which gave him the priority.17 As between two tax purchasers having equal equities one who had obtained the legal title through a sheriff's deed was awarded priority." 18 19