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Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading | by Albert H. Putney



On account of the peculiar nature of equity jurisprudence, it has always been very difficult to give a definition of this subject which is at the same time accurate and explanatory. Perhaps the best definition which it is possible to give, is as follows: Equity is that system of jurisprudence which was originally administered by the High Court of Chancery in England, and is now administered by courts having equity jurisdiction in this country.

TitlePopular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading
AuthorAlbert H. Putney
PublisherCree Publishing Company
Year1908
Copyright1908, Cree Publishing Company
AmazonPopular Law-Dictionary
-Twentieth Subject. Equity Jurisprudence. Chapter I. Nature And Scope Of Equity. Section 1. Definition Of Equity
On account of the peculiar nature of equity jurisprudence, it has always been very difficult to give a definition of this subject which is at the same time accurate and explanatory. Perhaps the best ...
-Section 2. Concurrent Jurisdiction Of Law And Equity
Applying the general principle that equity will only take jurisdiction where there is no relief possible at law, it follows that, in general, the fields of the jurisdiction of the equity courts and of...
-Section 3. Equity Jurisprudence Under The Codes
Codes do not abolish the essential distinctions between legal and equitable rights and relief, but merely assimilate the processes by which such rights are asserted and such relief obtained.3 The Am...
-Chapter II. The Equitable Maxims. Section 4. Nature And Importance
Equitable maxims are certain broad, general principles generally accepted, and of fundamental importance. Maxims are found both in law and in equity. Legal maxims were at one time very highly regarded...
-Section 5. Equity Follows The Law
In this maxim is found one of the most fundamental characteristics of equity jurisprudence. Equity was created to supplement the common law, and for this purpose only. The result is that equity is bou...
-Section 6. Equity Will Not Suffer A Wrong To Be Without A Remedy
This maxim gives the principle upon which equity jurisprudence was originally founded. During what may be called the formulative period in the history of equity, this maxim was true, and equity judges...
-Section 7. Equity Looks At The Intent Rather Than The Form
This maxim is characteristic of the greater freedom of action of the equity courts, as compared with the common law courts, and of their efforts to do substantial justice rather than enforce technical...
-Section 8. Equality Is Equity
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 t...
-Section 9. Equity Aids The Vigilant And Not Those Who Slumber On Their Rights
This maxim has a close resemblance to the statute of limitations, but goes further. Both common law and equity courts are alike bound by statutes of limitations, in that after the period provided by t...
-Section 10. Equity Acts Specifically And Not By Way Of Compensation
This maxim has relation to the character of the relief which a court of equity gives. Where nothing is sought from the court except pecuniary damages, there is no reason for going into equity, as ther...
-Section 11. Equity Acts In Personam And Not In Rem
This maxim relates to the method of enforcing the judgment or decree of an equity court. This maxim embodies the principle distinguishing the process and decrees of the court of chancery and origina...
-Section 12. Between Equal Equities, The Law Will Prevail
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 ...
-Section 13. Between Equal Equities Priority Of Time Will Prevail
This maxim is closely connected with the preceding one, and also with the maxim that equity aids the vigilant and not those that slumber on their rights. This is a very old maxim but will only be ap...
-Section 14. He Who Comes Into Equity, Must Come With Clean Hands
Under this maxim equity will refuse to grant any relief to anyone who has been guilty of any unlawful or inequitable conduct in the matter relative to which he seeks relief. Equity will neither aid in...
-Section 15. He Who Seeks Equity Must Do Equity
This maxim means that all persons seeking equitable relief must accord to the other parties concerned all the equitable rights in the suoject matter to which they are entitled. Under this principle on...
-Section 16. Equity Considers That As Done Which Ought To Be Done
This maxim will only be applied in favor of the person for whose benefit the act should have been done. A person who should have done any act but fails to do so, can never have the benefit of the prin...
-Section 17. Equity Imputes An Intention To Fulfill An Obligation
Under this maxim where a person, owing a certain obligation, does an act which may, or may not, have been intended as a fulfillment of such obligation, equity will presume that it was so intended. The...
-Section 18. Other Maxims
The eight following additional equitable maxims are sometimes found: Equity will not permit a trust to fail for the want of a trustee. It is equity, that should make satisfaction, which received the...
-Chapter III. Divisions Of Equity. Section 19. In General
Equity jurisdiction may be divided into four great divisions as follows: (a) Equitable titles. (b) Equitable rights. (c) Those cases where equity takes jurisdiction on account of the character or n...
-Section 20. Equitable Titles
In some cases the legal title is in one party, while the beneficial right of ownership belongs to another. In such cases the law courts only recognize the legal title, and the protection of the benefi...
-Section 21. Equitable Rights
The second class of cases where equity takes jurisdiction arise where the title is recognized by law but some particular right in relation thereto can only be enforced in equity. Under this head will ...
-Section 22. Where Equity Takes Jurisdiction On Account Of The Character Or Number Of The Parties
The third principal division of equity jurisprudence includes all cases where equity takes jurisdiction on account of the character or number of the party. Under this general division are included sui...
-Section 23. Equitable Remedies
The last great division of equity jurisprudence is that of equitable remedies. Under this head are gathered those cases where the complainant is compelled to go into equity in order to secure some par...
-Chapter IV. Equitable Titles
Section 24. Uses or Trusts. Almost the entire field of equitable titles is taken up by the subject of uses or trusts. While strictly a branch of equity jurisprudence, trusts are generally studied sepa...
-Section 25. Equitable Liens
An equitable lien is not an estate or property in the thing itself, nor a right to recover the thing, that is, a right which may be the basis of a possessory action; it is neither a jus ad rem nor a ...
-Section 26. Other Equitable Titles
The separate estate of a married woman has already been treated.3 Mortgages will be the subject of the next chapter. 2 Pomeroy on Equity Jurisprudence, Sec. 1233. 3 Under Domestic Relations, Vol. IV...
-Chapter V. Mortgages. Section 27. Mortgages And Similar Forms Of Security
A mortgage is a conveyance of either real or personal property, as security for the payment of a debt, or the performance of some act. The Supreme Court of the United States,1 has defined a mortgage t...
-Section 28. Common Law Theory Of Mortgage
Under the common law, a mortgage was considered merely what it purports to be, namely, a deed of the land with a condition subsequent. The condition subsequent which might defeat the estate of the gra...
-Section 29. Equitable Theory Of Mortgage
Equity early took a different view of mortgage. Applying the doctrine that equity will look at the intent rather than the form, equity considered the debt as the principal thing and the mortgage merel...
-Section 30. Modern Theory Of Mortgages
Because of the fact that a mortgage is regarded as of a dual character - a conveyance of an estate in lands, and a security for a debt - bearing one character in a court of law and another in a court...
-Section 31. Foreclosure Of Mortgages
After equity began to relieve against forfeiture in the case of mortgages, there was a period during which equity would relieve against such forfeitures after any period of time after breach. This, ho...
-Section 32. Redemption Of Mortgages
Upon a strict foreclosure of a mortgage the property becomes absolutely vested in the mortgagee and the right of the mortgagor to redeem is gone. In the case of an equitable foreclosure, where the pro...
-Section 33. Mortgage Trust Deeds
A mortgage trust deed is a conveyance, usually by deed, of either real or personal property, by a debtor to a trustee, who is to hold such property as security for the payment of creditors or the inde...
-Section 34. Sale With Right To Redeem
A deed, or contract of sale, absolute in form, may be construed by the courts of equity as a mortgage. 12 A synopsis of the laws of the various states on this subject are to be found collected in the...
-Section 35. Chattel Mortgages
A chattel mortgage is a conditional transfer or conveyance of the property, and if the conditions are not duly performed the whole title vests absolutely at law in the mortgagee.13 The protections gi...
-Chapter VI. Mistake. Section 36. Definitions
Mistake is some unintentional act, or omission, or error, arising from ignorance, surprise, imposition, or misplaced confidence.1 Another definition of mistake which has been given is as follows: ...
-Section 37. Classification Of Mistake
Mistake is divided into (a) Mistake of law, and (b) Mistake of fact. Equity will, under proper conditions, relieve against mistakes of the latter class, but not against those of the former. ...
-Section 38. Mistakes Of Fact
Mistakes of fact may consist either of mistakes by the parties to the contract as to some matter which goes to the essence of the contract, or it may be the mistake of a third person who reduces the c...
-Section 39. Mistake As To Existence Of Subject Matter Of Contract
When the subject matter of the contract was not in existence at the time of the making of the contract, there is a mutual mistake against which equity will relieve. This rule also applies in the case ...
-Section 40. Mistakes As To Identity Or Quantity Of Subject Matter
Mistakes as to fundamental nature or character of the subject matter of the contract also furnish a basis for equitable relief. In Barth vs. Devel,5 both parties to a deed believed that the land conve...
-Mistakes As To Identity Or Quantity Of Subject Matter. Continued
5 11 Colo., 494; 19 Pac, 471. From this review of the cases cited, it will be seen that they have no application to the case at bar. In the case under consideration there is no question but that it ...
-Section 41. Mistakes Of Third Persons
Where the parties to a contract come to an agreement which is reduced to writing by a third person, who makes a mistake in so doing, relief may be obtained in equity. Mutuality of mistake is necessary...
-Section 42. Mistakes Of Law
Equity will not relieve against mistakes of law. There are probably no real exceptions to this rule.9 There are, however, three apparent exceptions, as follows: (a) Mistakes as to private statutes. ...
-Section 43. Forms Of Relief Granted By Equity In Cases Of Mistake
The two great equitable remedies in the case of mistake are the concellation and the correction of the contract, deed or other instrument. Which will be granted in each particular case will depend upo...
-Chapter VII. Accident. Section 44. Definition
Of all the definitions of accident, as the term is used in equity, the best and most accurate, is undoubtedly that of Pomeroy,1 which is as follows: Accident is an unforeseen and unexpected event, oc...
-Section 45. Distinction Between Accident And Mistake
Two great distinctions are to be noticed between accident and mistake. In the first place mistake is subjective, while accident is objective. Mistake is in the minds of the parties, while accident is ...
-Section 46. Lost Instruments
One of the most important class of accidents against which equity will grant relief is found in the case of lost instruments. Relief in such cases can in some instances now be obtained at law, but the...
-Section 47. Defective Execution Of Powers
Where there has been a total failure to execute a power there can be no relief in equity.5 Equity, however, will relieve where there has been a defective execution of powers on account of accident.6 S...
-Section 48. Judgments At Law
One of the last rights acquired by courts of equity, and the right most strenuously resisted by the common law courts, was that of interfering by injunctions in common law cases. Where a defendant is ...
-Chapter VIII. Penalties And Forfeitures. Section 49. Penalties
Equity looks with the greatest disfavor upon penalties. Not only will equity courts never assist in the enforcement of a penalty, but also, in proper cases, equity will grant affirmative relief agains...
-Section 50. Liquidated Damages
Liquidated damages are damages whose amount is determined in advance of the breach, by the terms of the contract. Whether the sum stipulated in a contract is a penalty or liquidated damages, will be d...
-Section 51. Forfeitures
Equity will never enforce forfeitures. On the other hand, where the agreement secured is simply one for the payment of money, equity will set aside forfeitures either of land, chattels, securities or ...
-Chapter IX. Fraud. Section 52. Classification Of Fraud
The best classification of fraud is probably that given by Lord Hardwicke, in the famous case of Earl of Chesterfield vs. Janssen.1 The four classes of fraud as outlined in this classification are as ...
-Section 53. Actual Fraud
A complete definition of actual fraud is impossible. The ingenuity of man in devising methods of obtaining an unfair advantage over his fellow man is so resourceful and varied as to defeat any attempt...
-Section 54. Jurisdiction Of Equity In Cases Of Actual Fraud
Under the English doctrine the jurisdiction of equity extends over every case of fraud, either actual or constructive. Under the American rule, equity only has jurisdiction where there is no adequate ...
-Section 55. Frauds Apparent From The Intrinsic Nature And Subject Matter Of The Bargain
Under this head are to be considered inadequacy of consideration, illegal contracts, and contracts against public policy. Inadequacy of consideration is never ground in itself for equitable relief, u...
-Section 56. Frauds Presumed From The Circumstances And Condition Of The Parties
This division embraces those cases in which a transaction, although it may be perfectly regular in its external form, is valid perhaps by the original rules of the common law, is impeachable in equit...
-Section 57. Frauds On Third Persons
Contracts under this class are not fraudulent as between the immediate parties to the contract, or at least equity will not grant one relief as against the other. 5 Vol. III, Sub. 6, Sees. 42-57. 6 ...
-Chapter X. Pecuniary Relief In Equity. Section 58. Contribution
The doctrine of contribution is thus stated by Mr. Pomeroy in his work on Equity Jurisprudence:1 Where there are two or more sureties for the same principal debtor, and for the same debt or obligati...
-Section 59. Exoneration
Exoneration is the right which a person who has paid a debt for which he is secondarily liable, has to be re-imbursed by the person primarily liable. This right exists either in the case of a surety w...
-Section 60. Subrogation
Subrogation arises in the same cases as exoneration. This right is in the nature of additional security for the enforcement of the right of exoneration, and gives to any person (except the primary deb...
-Section 61. Marshaling Of Assets
Where one person has a clear right to resort to two funds, and another person has a right to resort to but one of them, the latter may compel the former, as double creditor, to exhaust the fund on wh...
-Section 62. Accounting
One of the earliest of all common law actions ex contractu was that of account. The common law action, however, was very narrow in its application, with the result that equity soon began to enter this...
-Chapter XI. Satisfaction And Performance. Section 63. Satisfaction
Satisfaction is the equitable doctrine by which the donation of a thing is taken as extinguishing some prior claim in favor of the donee. This doctrine will only apply when it is in accordance with th...
-Section 64. Performance
The doctrine of performance is an application of the equitable maxim that Equity imputes an intention to fulfill an obligation. Where a person is under obligation to do a certain act, and does an ac...
-Chapter XII. Other Equitable Rights. Section 65. Equitable Estoppel
The doctrine of equitable estoppel is based upon the equitable maxim that He who seeks equity must do equity. This doctrine may be stated as follows: When one, by his words or conduct, wilfully, c...
-Section 66. Notice
The question of notice is often of importance in equity, as one who takes with notice of equities takes subject to such equities. Notice is of two kinds - actual and constructive. Actual notice embr...
-Notice. Continued
Each case must be governed by its own peculiar circumstances, and in that in hand we think appellant either had actual knowledge, or actual notice of such facts and circumstances, as by the exercise ...
-Section 67. Bona Fide Holder For Value
The equitable doctrine of bona fide holder for value is very similar to that existing in the case of negotiable instruments, and is to the effect that a person who, in good faith, purchases property f...
-Section 68. Election
Election in the sense used in equity jurisprudence arises where the obligation is imposed on a party to choose between two inconsistent or alternative rights or claims in cases where there is clear i...
-Section 69. Equitable Conversion
The equitable doctrine of conversion grows out of the maxim that Equity considers that as done which ought to be done. Equitable conversion is defined as that change in the nature of property by whi...
-Section 70. Re-Conversion
Re-conversion is that imaginary process by which a prior constructive conversion is annulled and taken away, and the constructively converted property is restored, in contemplation of a court of equi...
-Chapter XIII. Cases Where Equity Takes Jurisdiction On Account Of The Character Or Number Of The Parties. Section 71. In General
In addition to the equitable titles and interests already considered and the equitable remedies to be considered beginning with the next chapter, there remain a class of cases where equity courts take...
-Section 72. Suits By Or Against Married Women And Suits Between Husband And Wife
The jurisdiction of equity courts over suits by or against married women, and in cases of suits between husband and wife, has already been treated under the - subject of Domestic Relations.1 ...
-Section 73. Suits Between Partners
No action can be brought at common law by one partner against another in any controversy relative to partnership affairs. Equity takes jurisdiction in such cases, entertaining bills for accounting, di...
-Section 74. Cases Where Equity Takes Jurisdiction On Account Of The Number Or Diverse Interests Of The Parties Interested
At common law, while there may be any number of either plaintiffs or defendants, provided the interests of all such plaintiffs or all such defendants are either joint or common, there is no method by ...
-Chapter XIV. Specific Performance. Section 75. In General
The first of the special equitable remedies to be considered is that of specific performance. Specific performance is an order by a court of equity that a legal contract be carried into effect accord...
-Section 76. Specific Performance Of Various Classes Of Contracts
This form of equitable relief is limited to contracts for the sale of property, and contracts for insurance. There can be no specific performance of contracts for personal services, partnership contra...
-Section 77. Contracts Of Partnership And For Personal Services
It was held in England that there could be specific performance of a contract of partnership for a definite period, but not of a contract of partnership for an indefinite period. In this country speci...
-Section 78. Contracts For The Sale Of Real Property
When the necessary elements are present equity will always enforce the specific performance of a contract for the sale of land. One who has contracted to purchase a particular tract of land cannot g...
-Section 79. Contracts For The Sale Of Personal Property
More difficulty is experienced in determining in what cases equity will decree specific performance of a contract for the sale of personal property. Instead of granting relief in all such cases, as i...
-Section 80. Specific Performance With A Variance
Where the contract is separable, a court of equity may decree specific performance of one part of the contract, and disregard the other part.11 Even a party who is unable to fully carry out a contrac...
-Section 81. Defenses
The principal defenses which can be set up against the granting of specific performance are the following: Want of mutuality. Want of, or inadequacy of, consideration. The statute of frauds. 7 Moses...
-Section 82. Mutuality
An important pre-requisite to the granting of the specific performance of a contract is the mutuality of the right to seek such relief. In general, equity will only grant specific performance for one ...
-Section 83. The Statute Of Frauds
As a general rule, equity will not enforce specific performance of an oral contract, which, under the statute of frauds should have been in writing.14 There are, however, a number of exceptions to thi...
-Section 84. Want Or Inadequacy Of Consideration
Equity will never decree the specific performance of a contract where there is a lack of consideration, or a gross inadequacy of consideration. Under this heading would be included cases where the ven...
-Section 85. Plaintiff In Default
If the plaintiff is in default, he cannot have specific performance of the contract, unless (a) he is prevented from performing by the acts of the defendant, or (b) the extent of his default is small ...
-Section 86. Fraud, Concealment, Etc
Equity, even more than the common law, is opposed to granting relief to a person guilty of fraud, and no person who has secured the making of a contract by fraud can secure specific performance thereo...
-Section 87. Laches
Equity will never enforce the specific performance of a contract, where the party seeking such relief has been guilty of laches. It is impossible to lay down any general rule as to just when this prin...
-Section 88. Hardship
Equity will refuse to enforce the specific performance of a contract, when by doing so it would inflict a great hardship upon the defendant. This matter was fully discussed by the Supreme Court of the...
-Section 89. Mistake
There can be no specific performance of contracts entered into, under a mutual mistake of fact.20 20 See Chapter VI (Mistake. Section 36. Definitions), On Mistake. ...
-Chapter XV. Reformation And Cancellation Of Written Instruments. Section 90. In General
The proper forms of equitable relief in the case of written instruments entered into under the influence of fraud or mistake are the reformation or the cancellation of such written instrument. ...
-Section 91. Cancellation
Equity will decree the cancellation of a written instrument in two classes of cases: (a) where the instrument, although absolutely void, is valid on its face; and (b) where it is voidable on the groun...
-Section 92. Reformation
Deeds, contracts or other written instruments, inter-vivos, will be reformed by equity, when on account of mutual mistake, or mistake on one side and fraud on the other, such instruments do not repres...
-Chapter XVI. Forms Of Equitable Relief Affecting Real Property. Section 93. Partition
Partition is the division of property,1 owned in undivided shares so as to give to each co-owner an exclusive title to a specific part, instead of his former undivided interest in the whole. Partitio...
-Section 94. Assignment Of Dower
The assignment of dower was another subject over which equity formerly exercised jurisdiction, but which is now generally regulated by statutes. ...
-Section 95. Establishment Of Boundaries
Equity will take jurisdiction in cases of disputed boundaries where there is no adequate remedy at law. To give equity jurisdiction, there must be such particular reason, as for example, that it was ...
-Section 96. Bills To Remove Clouds From Title
Courts of equity have always had jurisdiction to remove clouds from title. A cloud on a title has been thus defined: Whenever a deed or other instrument exists which may be vexatiously or injuriousl...
-Chapter XVII. Injunctions. Section 97. Definition
An injunction is a writ framed according to the circumstances of the case commanding an act which the court regards as essential to justice, or restraining an act which it esteems contrary to equity a...
-Section 98. Classification Of Injunctions
Every injunction is either, (a) interlocutory (or preliminary), or (b) final (or perpetual); and also either (a) mandatory, or (b) prohibitory. ...
-Section 99. Interlocutory Or Preliminary Injunctions
An interlocutory or preliminary injunction is one issued during the pendency of the suit, prior to the final hearing. Such an injunction continues in force until the final hearing of the case, unless ...
-Section 100. Perpetual Injunctions
A perpetual or final injunction is one granted at the final hearing of the case. No perpetual injunction can be granted by an order upon affidavits.4 4 Jackson vs. Bunnell, 113 N. Y., 216; 21 N. E., ...
-Section 101. Mandatory Injunctions
A mandatory injunction is one which commands the performance of some act. Mandatory injunctions are quite rare in practice. When used it is mainly for the purpose of ordering an unlawful act, already ...
-Section 102. Prohibitory Injunctions
The great mass of injunctions are prohibitory injunctions. A prohibitory injunction prohibits the doing of a certain act, and is used for the purpose of preventing a threatened but non-existing injury...
-Section 103. Injunction Against Waste
Injunctions will be issued against the commission of waste by the party in possession. Even if the tenant holds without impeachment of waste, he may be enjoined from the commission of voluntary wast...
-Section 104. Injunctions Against Trespass
The power of equity courts to grant injunctions against trespass to real property, long denied, is now acknowledged. The exercise of this power, however, is generally confined to the following classes...
-Section 105. Injunctions Against Nuisance
Equity is more liberal in granting injunctions against nuisances than against trespasses. Still not every act which constitutes a nuisance will be restrained by an injunction. The injury must be a rea...
-Section 106. Injunctions Against Personal Torts
Equity courts have ordinarily no power to issue injunctions against torts against the person.12 Neither will an injunction be issued against the publication of slander or libel.13 In a few cases an in...
-Section 107. Injunctions Against The Commission Of Criminal Acts
It was formerly held that an injunction would never issue against the commission of a criminal act. This doctrine has been considerably modified during the past few years, and the recognized rule now ...
-Section 108. Injunctions Against Breach Of Contract
The general rule may be stated to be that the breach of an affirmative promise in a contract cannot be prevented by injunction (the proper remedy being specific performance), but that the breach of a ...
-Section 109. Injunctions For The Protection Of Patents And Copyrights
A common class of injunctions are those for the protection of patents and copyrights. When the existence of a patent right or of a copyright is conceded, or has been established by an action at law,...
-Section 110. Injunctions For The Protection Of Trade-Marks
The exclusive right to the use of a proper trademark will be protected by injunction. Words descriptive of quality do not constitute a valid trademark and cannot be thus protected.22 A person's name m...
-Section 111. Injunctions Against Public Officials
Where public officials are acting illegally or without authority and in breach of trust, and are causing irreparable injury or a multiplicity of actions at law, they may be enjoined by a court of equi...
-Chapter XVIII. Other Forms Of Equitable Relief. Section 112. Discovery
Another basis of equitable jurisdiction, which was formerly of great importance, was the necessity of obtaining discovery from the opposite party. The relief in such cases is so closely connected with...
-Section 113. Ne Exeat
The writ of ne exeat is a writ issued by a court of equity prohibiting a defendant in a suit before such court from going outside of the territorial jurisdiction of the court during the pendency of th...
-Section 114. Interpleader
A bill of interpleader may be filed by a person who has in his possession property of which he does not claim ownership, but which is claimed by two or more persons. To sustain this action it is neces...
-Section 115. Receivers
The character and position of receivers have been thus described by a recent writer: A receiver is a person standing indifferent between the parties, appointed by the court as a quasi-officer or rep...
-Twenty-First Subject. Trusts. Chapter I. Nature And History Of Trusts. Section 1. Definition
Chief Justice defined a trust as a confidence reposed in some other, not issuing out of the land, but as a thing collateral, annexed in privity to the estate of the land and to the person touching th...
-Section 2. History Of Uses
An account of the introduction of uses into England, and their development prior to the passage of Legal History. This section should be re-read at this time. 1 Coke on Littleton, 272 b. 2 American ...
-Section 3. The Statute Of Uses
The Statute of Uses was passed for the purpose of doing away with passive uses altogether. An indirect method of accomplishing this was adopted. Instead of prohibiting the creation of uses it was prov...
-Section 4. Effect Of The Statute Of Uses
The Statute of Uses was not intended to apply to the following classes of uses: (a) Active uses; (b) Contingent uses; (c) Uses in personal property, including estates in real property less than fre...
-Chapter II. Parties And Subject-Matter In A Trust. Section 5. In General
There are three different parties in the case of every trust, the settlor, the trustee and the cestui que trust. The settlor creates the trust, the trustee holds the legal title and the cestui que tru...
-Section 6. The Settlor
As the creation of a trust is a modification of property in a particular form, it may be laid down as a general rule that whoever is competent to deal with the legal estate, may, if he be so disposed...
-Section 7. The Trustee
The question as to who may be a trustee is thus discussed in the leading work on the subject of Trusts :2 The question who may be a trustee involves a variety of considerations. Thus, a person to be...
-Section 8. The Cestui Que Trust
Any person, natural or artificial, may be a cestui que trust in the absence of statutory provisions to the contrary. Such restrictions at the present time are almost entirely confined to the cases of ...
-Section 9. Trust Property
As a general rule, all property, whether real or personal, and whether legal or equitable, may be made the subject of a trust, provided the policy of the law, or any statutory enactment, does not pre...
-Chapter III. Classification Of Trusts. Section 10. In General
Trusts are classified in a number of different ways. The most important classification is that into express and implied trusts. Implied trusts are subdivided into resulting and constructive trusts.1 ...
-Section 11. Express Trusts
An express trust is one created by the express words of the settlor. A trust in personal property can be created either orally or by writing, but an express trust in real property under the statute of...
-Section 12. Express Trusts Created By Precatory Words
A class of express trusts which give rise to no little difficulty are those arising from what are known as precatory words. Precatory words are words of expectation, hope, desire, or recommendation,...
-Section 13. Implied Trusts
Implied trusts are those which are created by law without any express words on the part of the settlor creating them. Implied trusts are subdivided into resulting trusts and constructive trusts. In th...
-Section 14. Resulting Trusts
The two general classes of resulting trusts arise as follows: (a) Where property is purchased with the money of one person and title taken in the name of another; and (b) Where there is a partial or...
-Section 15. Constructive Trusts
Constructive trusts always involve the question of fraud, either actually or potentially. A constructive trust is created by the courts, in order to do justice between the parties, either where there ...
-Constructive Trusts. Part 2
We do not regard this right as property in any such light as to bring the case within the principle of the authorities upon the subject of a mingling of funds in the purchase or acquisition of other ...
-Constructive Trusts. Part 3
The case of Bank vs. Hume, 128 U. S., 195; 9 Sup. Ct. Rep., 41, is not in point. The moneys there used were in truth the property of the husband, although he was insolvent, and he used some of his pr...
-Section 16. Parol Evidence To Establish Resulting And Constructive Trusts
Resulting and constructive trusts are not within the provisions of the statute of frauds and may be established by parol evidence. ...
-Section 17. Active And Passive Trusts
An active trust is one where there is anything to be done by the trustee, however slight. A passive trust is one where the trustee merely holds the legal title, and has no services to perform. ...
-Section 18. Executed And Executory Trusts
An executed trust is one where nothing remains to be done by the settlor; an executory trust is one where the settlor still has some act to perform to render the trust effective. ...
-Chapter IV. Charitable Uses. Section 19. In General
Charitable uses or trusts have their origin in the Statutes of Charitable Uses,1 which enumerated the purposes for which charitable uses might be created as follows: 'The relief of aged, impotent, an...
-Section 20. Character And Characteristics Of Charitable Uses
The character and characteristics of charitable uses have been thus summarized in a recent treatise on this subject:2 'Charitable' uses, in the language of English Other Public Uses, by Courtney S...
-Section 21. Purposes For Which Charitable Uses May Be Created
The purposes for which charitable uses may be created are, in general, those enumerated in the Statute of Charitable Uses. This list is not exclusive, however, and many important species of charity at...
-Section 22. Uses For Religious Purposes
Formerly, in England, the only charitable uses which could be created were those in favor of the established church. A much more liberal rule prevails in America, and property may be left in trust for...
-Section 23. Uses For Educational Purposes
Uses for educational purposes of every description are clearly valid.5 The court, in passing upon the validity of educational gifts, is not concerned with the truth or falsity of the opinions sought t...
-Section 24. Peculiarities In The Law Governing Charitable Uses
The most striking peculiarities in the laws governing charitable uses are found in the fact that the rules against perpetuities and accumulations do not apply and in the application of the special cy ...
-Section 25. The Cy Pres Doctrine
The word 'cy-pres,' means, 'near,' 'next to'; 'as near as may be.' Where the literal execution of the trusts of a charitable gift is inexpedient or impracticable, a court of equity will execute them,...
-Section 26. The Rule Against Perpetuities
It is necessary here to explain the meaning of the rule against perpetuities. The purpose of this rule is to prevent any person from controlling the disposition of his property for longer than a certa...
-Chapter V. Trustees. Section 28. Appointment
The trustee is ordinarily appointed by the settlor who creates the trust. Equity, however, will never suffer a trust to fail for want of a trustee, and where the settlor fails to appoint a trustee or ...
-Section 29. Estate Of The Trustees
The estate of the trustee is determined as to its extent by the extent of the interest of the cestui que trust. If the legal estate of the trustee is less in quantity than the equitable estate of the ...
-Section 30. Duties Of Trustees
The first duty of a trustee is to reduce all of the trust property to his possession. If there are notes, bonds, other choses in action, the parties in any way interested should be notified.2 Any impr...
-Section 31. Degree Of Care, Skill And Good Faith Required
The trustee is only held liable for the exercise of a reasonable degree of skill, ability, and energy, but is required to exercise the highest possible degree of good faith. Note to Lewin, Vol. I, on...
-Section 32. Delegation Of Authority By Trustees
A trustee is only authorized to delegate his authority where the act delegated is a mere ministerial one, on the one hand, or one requiring special technical skill not possessed by the trustee on the ...
-Section 33. Co-Trustees
The respective power of co-trustees depends largely on the terms of the instrument creating it. A trustee is only liable for the default of a co-trustee, when he is himself personally concerned in the...
-Section 34. Accounts And Compensation Of Trustee
A trustee must render proper accounts at the termination of his trust, and at other times if required. The English rule as to the compensation of trustees is thus stated in Lewin on Trusts:4 It is ...
-Section 35. Resignation And Removal Of Trustees
A trustee will be permitted to resign his position at any time in the absence of any special circumstances which would render such resignation inequitable. A court of equity always has the power to r...
-Twenty-Second Subject. Equity Pleading. Chapter I. Introductory. Section 1. Nature And Object Of Equity Pleading
The subject of equity pleading is concerned with those rules by which the procedure in equity cases is determined. The object of equity pleading, is to inform the court of the nature of the claim, and...
-Section 2. Comparison Between Equity Pleading And Practice And Common Law Pleading And Practice
The greatest difference between the method of procedure in equity and in common law cases is found in the fact that in an equity suit there are (with a few exceptions which will be noted elsewhere) no...
-Chapter II. Parties To A Suit In Equity. Section 3. In General
Parties to a suit in equity are, in general, more numerous than in a suit at law. At common law only two adverse interests can be adjudicated in the same case. While there may be an indefinite number ...
-Section 4. Classification Of Parties
Parties to a suit in equity are classified as indispensable, necessary and formal parties. Formal parties are those who have no interest in the controversy between the immediate litigants, but have ...
-Classification Of Parties. Continued
In Cameron vs. M'Roberts, where the citizenship of the other defendants than Cameron did not appear on the record, this court certified: 'If a joint interest vested in Cameron and the other defendant...
-Section 5. Parties Complainant And Defendant
There is not the same hard and fast division between parties complainant and defendant in equity as between plaintiffs and defendants at common law. In equity if a person who would properly be a compl...
-Section 6. Misjoinder And Nonjoinder
Either the misjoinder or the nonjoinder of defendants will be ground for the dismissal of the bill. ...
-Chapter III. Outline Of Proceedings In Equity. Section 7. The Proceedings
The order of the proceedings to be considered (other than the pleadings which are taken up in the following chapters) in a suit in equity, is as follows: Process for appearance. Appearance. Proceed...
-Section 8. Process For Appearance
The regular process for appearance in equity, is the writ of subpoena, directed to the defendant, commanding him, under a penalty, personally to appear in court at a prescribed time, and answer the al...
-Section 9. Appearance
As in proceedings in common law cases, appearance may be either voluntary or involuntary; and, also, either general or special. A special appearance is one where the defendant appears for some special...
-Section 10. Proceedings On Default
If a defendant fails to appear, or after appearance fails to answer the bill, the bill may be taken pro con-fesso. In some jurisdictions there must be a rule upon the defendant to answer before a bill...
-Section 11. Interlocutory Proceedings
By interlocutory proceedings are meant the various steps between the commencement and termination of a suit, such as the amending of the pleadings, the appointment of a receiver, etc.,7 interlocutory ...
-Section 12. Reference To A Master
A master in chancery is a quasi judicial officer whose duty it is to aid the equity judge to make investigations as to the facts in the case, in order to aid the judge in the determination of the case...
-Section 13. Taking Of Evidence
The method of taking evidence in equity suits differs very greatly from that followed in common law cases. Evidence in equity suits is almost invariably taken outside of court, either in hearings of c...
-Section 14. The Hearing
In general, the hearing in equity does not take place until not only the pleading but also the taking of the evidence has been completed. At the hearing the case is presented to the court, on its meri...
-Section 15. The Decree
The decree of a court of chancery is its order or sentence determining and adjusting the rights and interests of the parties to the suit upon the issues submitted and heard. Decrees are divided int...
-Section 16. Correction Or Reversal Of Decrees
A final decree, if erroneous or unjust, may be corrected or reversed as follows: (a) Upon a hearing, or by a new or supplemental bill in the nature of a bill of review, if the decree has not been enr...
-Section 17. Appeals
An appeal is a process of civil law origin, and is the appropriate mode of review for causes originating in a court of chancery.9 Unless statutes otherwise 9 Pennington vs. Coxe, 2 Cranch, U. S., 61...
-Section 18. Enforcements Of Decrees
Originally, equity acted only in personam not in rem. A court of equity could only order a defendant to do a certain thing, and their attempt to coerce him into doing so by imprisoning him for contemp...
-Chapter IV. The Bill Of Complainant. Section 19. Definition
The bill in equity is the first step in the case, being filed even before the issuance of process upon the defendant. A bill in equity performs a two-fold office: (a) As a pleading, it is a statemen...
-Section 20. Classification Of Bills
Bills in equity are primarily divided into original bills, and bills not original. Original bills are in turn subdivided into bills praying relief, and bills not praying relief. Original bills prayi...
-Section 21. Original Bills
Original bills are those which relate to some matter not before litigated in the court by the same persons, standing in the same interests. Such a bill begins the suit or controversy. The classificat...
-Section 22. Original Bills Praying The Decree Or Order Of The Court Touching Some Right Claimed By The Complainant In Opposition To The Defendant
The bills falling under this division of the classification adopted are the usual forms of bills in equity. The various forms of such bills are very numerous, being varied to give relief in the variou...
-Section 23. Bills Of Interpleader
Bills of interpleader have been already discussed under the subject of Equity Jurisprudence. The essential requirements of a good bill of interpleader are: (1) that the same thing, debt, or duty is...
-Section 24. Bills Of Certiorari
A bill of certiorari is used for the purpose of removing a suit from an inferior to a superior court, for the purpose of further proceedings in the later court. This form of bill is very rare in Ameri...
-Section 25. Original Bills Not Praying Relief
There are in equity a class of bills utterly unlike any form of action at common law, which do not ask relief against the defendant, the object of such bills being the securing of evidence for use in ...
-Section 26. Bills To Perpetuate Testimony
Bills to perpetuate testimony can only be used in cases when there is no present pending action in which the facts can be investigated but where the party seeking the perpetuation of such testimony is...
-Section 27. Bills To Take Testimony De Bene Esse
A bill to take testimony de bene esse is for the purpose of obtaining testimony in a pending suit, and may be brought by either complainant or defendant. Bills of this character were discussed in the ...
-Section 28. Bills Of Discovery
A bill of discovery is one brought against the opposite party in an action at law, for the purpose of obtaining evidence as to facts within the knowledge of the defendant, (i. e., in the bill of disco...
-Section 29. Bills Not Original
Bills not original are those which relate to some matter already litigated in court between the same parties, and are divided into Interlocutory bills, and Bills in the nature of original bills. ...
-Section 30. Interlocutory Bills
Interlocutory bills are bills brought during the progress of the suit on the original suit, and whose object is to add to an original bill by correcting defects or supplying matters necessary to the s...
-Section 31. Supplemental Bills And Bills In The Nature Of A Supplemental Bill
Mr. Fletcher in his work on Equity Pleading, thus states the nature and object of a supplemental bill: A supplemental bill lies when there is a defect in the proceedings occurring too late to be rem...
-Section 32. Bills Of Revivor And Bills In The Nature Of A Bill Of Revivor
A bill of revivor, or a bill in the nature of a bill of revivor, is one brought to revive a bill which has abated on account of the death of one of the parties, or the marriage of a female complainant...
-Section 33. Bills Of Supplement And Revivor
A bill of supplement and revivor, as is readily seen from the name of the bill, is one which seeks both to revive the bill and to introduce new matter. ...
-Section 34. Bills In The Nature Of Original Bills
Bills in the nature of original bills are those for the purpose of cross litigation or for the purpose of controverting or suspending or reversing some decree of court or for carrying it into executio...
-Section 35. Cross Bills
A cross bill is a bill brought by a defendant in a suit in equity, who seeks some affirmative relief against some other party to the suit. It may be brought either against the complainant, or against ...
-Section 36. Bills Of Review And Bills In The Nature Of Review
Bills of review and bills in the nature of a bill of review, are bills filed to obtain a modification or reversal of a decree made upon a former bill. If the decree has been signed and enrolled a bill...
-Section 37. Other Bills In The Nature Of Original Bills
The other species of bills in equity are not of very great importance. A bill may be brought, as a matter of right, to set aside a decree which has been obtained by fraud. The use of bills to suspen...
-Chapter V. Parts Of A Bill. Section 38. The Parts Of A Bill In Equity
The nine parts of an ordinary bill in equity are as follows: (a) The address. (b) The introduction. (c) The premises or stating part. (d) The confederating part. (e) The charging part. (f) The a...
-Section 39. The Address
The address is a purely formal, though necessary part of the bill, and should contain the appropriate and technical description of the court in which the complainant seeks relief. ...
-Section 40. The Introduction
The introduction contains the names and domiciles of the complainants and of the character in which they sue. In the Federal courts the names and descriptions of the defendants are also inserted in th...
-Section 41. The Premises Or Stating Part
Perhaps the most important of all the parts of a bill in equity is the premises or stating part. Here the complainant must set out the statement of the facts upon which his cause of action depends. ...
-Section 42. The Confederating Part
The confederating part consists of a charge that the defendants and divers other persons unknown, but whose names when discovered it is prayed may be inserted in the bill, have combined and confederat...
-Section 43. The Charging Part
The charging part of a bill consists of the statement of a defense which it is anticipated the defendant will set up and a denial thereof. The purpose of this part is to enable the complainant to file...
-Section 44. The Averment Of Jurisdiction
The averment of jurisdiction consists of a statement that the acts of the defendant are contrary to equity and good conscience and that the complainant has no relief except in a court of equity. This ...
-Section 45. The Interrogating Part
The interrogating part of a bill is in effect a bill for discovery inserted in the bill. Interrogations may be either general or special. A general interrogatory prays: That the defendant may full a...
-Section 46. The Prayer For Relief
The prayer for relief is a petition to the court for the relief of such. The prayer may be either for general or special relief. Generally the prayer is for both. The prayer for special relief enumer...
-Section 47. The Prayer For Process
The last part of a bill in equity is the prayer for process, which is a request for the issuing of process to compel the defendant to appear to answer the bill and abide by the decree of the court. Th...
-Chapter VI. Pleading By Defendant. Section 48. The Various Methods Of Defense Open To Defendant
Upon the filing of the bill of complaint and the service of process upon the defendant, four methods of defense become available to the defendant, who can either: (1) Disclaim, (2) Demur, (3) Plead...
-Chapter VII. The Disclaimer. Section 49. The Disclaimer
A disclaimer is a pleading by the defendant disclaiming and renouncing all interest in, or claim to, the subject-matter of the controversy. This method of procedure is open to the defendant when he i...
-Chapter VIII. The Demurrer. Section 50. Definition
In a demurrer the defendant denies that the complainant has set forth a cause of action. The demurrer raises a question of law and is the proper method of defense when the ground of the defense is app...
-Section 51. Comparison Between Demurrers At Common Law And In Equity
A demurrer in equity can only be made to the bill, while in common law it can be made to any of the pleadings. A demurrer is the only way of raising a question of law at common law, while in equity su...
-Section 52. Classification Of Demurrers
The general classification of demurrers is into general and special demurrers. A demurrer also may be to the whole bill or to a part of the bill. There may be a demurrer to discovery alone. Other fo...
-Section 53. General And Special Demurrers
A general demurrer is one which assigns no special ground of objection, save that the bill is without equity. It is generally sufficient as to all defects in substance. A special demurrer is one whic...
-Section 54. Demuerers To A Part Of A Bill
A demurrer may be filed to a part of the bill, which is separable from the remainder thereof. In such a case the defendant must disclaim, plead or answer to the remainder of the bill. ...
-Section 55. Demurrers Ore Tenus
Where there is a special demurrer to the whole of the bill, and the special causes of demurrer are overruled, the defendant will be allowed to set up other objections, which can be raised by demurrer,...
-Section 56. Speaking Demurrers
A demurrer which sets forth matters not appearing upon the face of the record is called a speaking demurrer, and is bad. ...
-Section 57. Grounds For Demurrers
The grounds for objections to the relief sought which may be taken by demurrer may be summarized as follows: (1) To the jurisdiction of the court. (a) That the subject of the suit is not within the ...
-Section 58. Demurrers To Discovery Alone
In certain cases a demurrer will lie against discovery alone. There is also a class of cases in which the defendant may refuse to make a discovery as to particular charges contained in the bill, alt...
-Section 59. Admissions By Demurrers
A demurrer (for the purpose of the argument on the demurrer only) admits all facts which are well pleaded;3 it does not, however, admit legal conclusions, 4 nor arguments,5 contained in the bill demur...
-Section 60. Effect Of Order Sustaining Or Overruling Demurrer
Formerly the sustaining of a demurrer resulted in a final determination of the suit in favor of the defendant. A more liberal rule is allowed to-day in such cases, and the plaintiff will be allowed to...
-Chapter IX. The Plea. Section 61. Definition And Nature
The plea in equity is entirely different in its nature from any form of common law pleading. The nature of a plea is thus described by Mr. Fletcher in his work on Equity Pleading:1 Where an objecti...
-Section 62. Classification Of Pleas
Pleas are divided into, (a) Pleas in abatement, and (b) Please in bar. And also into; (a) Pure pleas. (b) Negative pleas, and (c) Anomalous pleas. ...
-Section 63. Pleas In Abatement
Pleas in abatement, or dilatory pleas, include pleas to the jurisdiction of the court, pleas to the person either of the complainant or defendant, and pleas to the bill. The latter class includes plea...
-Section 64. Pleas In Bar
A plea in bar is one which opposes a bill on its merits, and which, if true, will constitute a complete defense to the bill. Pleas in bar are classified as follows: (1) Pleas in bar resting on statu...
-Section 65. Pure Pleas
A pure or affirmative plea is one in the nature of a pleading by the way of confession and avoidance. Such a bill admits the matter pleaded in the bill, and then sets up matters not apparent on the fa...
-Section 66. Negative Pleas
A negative plea denies one or more matters contained in the complainant's bill. In order for a plea of this character to constitute a sufficient defense, the matter denied must be material to the comp...
-Section 67. Anomalous Pleas
An anomalous plea is one which contains both affirmative and negative matter. Anomalous pleas are of two kinds. (a) Where the complainant in the charging part of his bill has anticipated a defense of...
-Section 68. Plea Supported By Answer
A defendant may plead to one part of a bill and answer the rest. In addition wherever the defendant files a plea, and the complainant's bill contains interrogatories relative to the matters put in iss...
-Section 69. Pleas Overruled By Answer
Wherever the defendant both pleads and answers, and the plea and the answer both cover the same ground, the plea will be overruled by the answer. ...
-Section 70. Admission By Pleas
A plea (for the purpose of the determination of the issue raised by the plea only) admits all facts well pleaded, and not denied by the plea. ...
-Section 71. Effect Of Order Sustaining Or Overruling Plea
If a plea is sustained as to its sufficiency it is a full bar to so much of the bill as it covers if the facts therein be true, and a replication must be filed thereto. A decision in favor of the defe...
-Chapter X. The Answer. Section 72. Definition And Answer
The answer in equity is a reply to each of the allegations in the complainant's bill. There is no such thing as a general denial in a suit in equity. The answer may raise the question both as to the t...
-Section 73. Requisites Of Answer
An answer in equity serves two purposes. First, that of answering the case as made by the bill; and secondly, that of stating to the court the nature of the defense of which the defendant means to re...
-Section 74. Exceptions To Answer
An answer cannot be demurred to, but the same result is obtained by the complainant taking exceptions to the answer. ...
-Section 75. Scandal And Impertinence
Scandal1 and impertinent2 matters are prohibited 1 Scandal on the answer is the same as in the bill; that is, allegations of matters neither proper for the court to hear nor for the defendant to sta...
-Section 76. The Answer As Evidence
Unless answer under oath is expressly waived by the complainant in his bill, the defendant's answer will stand as evidence for both parties to the suit. always impertinent, but the contrary is not tr...
-Chapter XI. The Replication. Section 77. Nature Of The Replication In Equity
The replication in equity is merely a joinder in issue. No new matter can be set up by this pleading and it is at present very generally disregarded. The place of the later pleadings at common law is ...
-Questions. Equity Jurisprudence
Chapter I Page 11. 1. Define equity. Page 12. 1 In what classes of cases do common law courts and equity courts have concurrent jurisdiction? Page 13. 1. What is the position of equity jurisprud...
-Questions. Trusts
Chapter I Page 157. 1. Define trusts. 2. Give an outline of the history of uses in England. Page 158. 1. Give an outline of the provisions of the Statute of Uses. Page 159. 1. What was the purp...
-Questions. Equity Pleading
Chapter I Page 205. 1. What is the nature and object of equity pleading? 2. Compare the system of equity pleading with the system of common law pleading. Chapter II Page 207. 1. Compare the part...
-Appendix A. To Equity Pleading. Bill To Foreclose Trust Deed
To the Honorable Judges of the................Court of Cook County, in the State of Illinois, in Chancery Sitting: The Complainants,.................................................. ..................
-Bill For Divorce By Husband
State of............ ............County. ss. In the........Court of........County. To the........Term, A. D. 190.. vs. ............................. Bill for Divorce. To the Honorable............
-Bill To Foreclose Mortgage
State of............ County of........... 8S. ............Court of..............County, To the............Term, A. D. 19... To the Judge. .. of Said Court, in Chancery Sitting: Your Orator ,........
-Creditor's Bill
State or............ ............County. SB. ..........Court of........County, Of the............Term, A. D. 190.. To the Judge. . of said Court, in Chancery Sitting: Your Orator. .,................
-Creditor's Bill. Part 2
engaged in the mercantile business at the................................ ..............and that your Orator....................informed and believe.. that in the course of the said mercantile busine...
-Creditor's Bill. Part 3
....................................................................................................................................... against the claims of other creditors; but for the sole purpose...
-Creditor's Bill. Part 4
............................................................................................................................. ............................................................................
-Bill For Mechanic's Lien On Building Contract. - Act Of 1895
State of Illinois, ............County ss. In the............Court of...........County ...............Term, A. D. 190... To the Honorable...................Judge.. of the...............Court of the ...
-Bill For Mechanic's Lien On Building Contract. Continued
to your orator....................................................... ....................................................................................................................................
-Answer In Chancery - Skeleton Form
State of Illinois, ...........County. ss. In the ......... Court of..........County. Of the............Term, A. D. 1.... vs. ......................... ......................... The ...............
-Declaration Of Trust In Land Conveyed
To all to Whom These Presents Shall Come - Greeting: Whereas, .................................................... of....................in the County of...............State of.......... lately pur...
-Replication To Answer
State of Illinois, County.............. ss. In the...............................Court of.........................County. ................Term, A. D. 190... In Chancery. The Replication of..........
-Appendix B. To Equity Pleading
Ordinances Made by the Lord Chancellor Bacon for the Better and More Regular Administration of Justice in the Chancery, to be Daily Observed, Saving the Prerogative of the Court. (1) No decree shall ...
-Appendix B. To Equity Pleading. Part 2
(16) Dismissions are properly to be prayed and had, either upon hearing or upon plea unto the bill, when the cause comes first into the court; but dismissions are not to be prayed after the parties ha...
-Appendix B. To Equity Pleading. Part 3
(36) If any order shall be made, and the court not informed of the last material order formerly made, no benefit shall be taken by such order, as granted by abuse and surreptition, and to that end the...
-Appendix B. To Equity Pleading. Part 4
(57) Demurrers and pleas which tend to discharge the suit shall be heard first upon every day of orders, that the subject may know whether he shall need farther attendance or not. (58) A demurrer is ...
-Appendix B. To Equity Pleading. Part 5
(77) In case of contempts granted upon force, or ill words upon serving of process, or upon words of scandal of the court, proved by affidavit, the party is forthwith to stand committed. But for other...
-Appendix A. To Trusts. Declaration Creating A Trust
To All to Whom These Presents Shall Come - Greeting: Whereas, It is my intention and desire to create a trust for the purpose of................................................................... .....
-Acceptance By Trustee
I,.............................., named as Trustee in the foregoing instrument, for myself, hereby acknowledge the receipt of the foregoing sum of money from the said..............................crea...







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