Equity: An Analysis and Discussion of Modern Equity Problems, with Notes on Illinois Cases

Pirmais vāks
E.W. Stephens Publishing Company, 1919 - 793 lappuses
 

Saturs

B LIMITS AND NATURE OF EQUITY JURISDICTION
6
Possibilities of equity jurisdiction 8 Limitations on the existence of equity jurisdiction
7
Equity acts in personam not in
8
Decree of an equity court does not affect the legal right
9
Commanding an act within the jurisdiction which affects property outside
11
Statutes giving jurisdiction in
12
Enjoining acts abroadsuits abroad
13
Decrees involving affirmative acts abroad
14
Rule and discretion Importance of discretion in equity
15
Equity will not be ousted because law courts have adopted an equitable remedy
20
MAXIMS OF EQUITY 17 Nature and value of maxims
21
Where there is a right there is a remedy
22
Equity regards substance rather than form
23
Equity regards that as done which ought to be done
24
Equity imputes an intent to fulfill an obligation
26
Between equal equities the law will prevail
27
Between equal equities the first in order of time prevails
28
He who seeks equity must do equity
29
He who comes into equity must come with clean hands
30
Equity aids the vigilant
31
A rule of equity will never be applied to reach an inequitable re sult
32
DEFINITION AND CLASSIFICATION 33 Definition of equity
37
SPECIFIC PERFORMANCE OF CONTRACTS A IN GENERAL 35 Scope of the subject
41
The primary right in specific performance 37 Specific performance not exclusively an equitable remedy in all jurisdictions
42
Specific performance or specific reparation?
43
Is there a right to break a contract or only a power?
44
Alternative performanceliquidated damagespenalty
45
The requirements of certainty B AFFIRMATIVE CONTRACTS I Contracts for the sale and purchase of interests in land 42 Hard and fast rule as to in...
47
Some exceptional cases
49
Contracts relating to property other than land 44 Ordinary chattels
50
Defendant vendor execution proof or insolvent
51
Contracts to insure
52
Chattels having sentimental valueunique chattels 47 Unique chattels continuedpatents and copyrights 48 Specific performance to the sellermutuality
54
Specific performance given because damages at law
58
jectural
62
Awardscontracts for arbitration or valuation
64
Defendants promise entirely negative
77
Sameemployment of substitute by the plaintiff
92
RELIEF FOR AND AGAINST THIRD PERSONSEQUITABLE SERVITUDES 82 Assignability of contracts at law and in equity
98
The creation of a property right in the purchaser
99
Express trustsconstructive trusts
102
Limitation of constructive trust doctrine bona fide purchase for value without notice
104
Transfer of land by vendor or lessor 87 Assignability of specifically enforcible option
106
Bankruptcy of vendorof purchaser
107
Contract to devise or bequeath property
109
Right of a beneficiary of a contract to sue in equity
110
Specific performance given to protect purchasers right to se curity 92 Specific performance against assignee of purchaser
113
Rights in anothers land at common
114
Rights in anothers land in equity
116
Basis of plaintiffs right in Tulk v Moxhayunjust enrichment
117
Real basis for plaintiffs right in Tulk v Moxhay
118
Who are bound by equitable servitudes
120
Effect of breach by vendor upon his suit for specific performance
121
Who may enforce equitable servitudes
122
Samecriticisms of the doctrine
123
Limitations of the doctrine
124
Lack or inadequacy of consideration 125 Consideration in uses and trusts
125
Equitable servitudes attaching to after acquired property
126
Sameoptionsmeritorious consideration
127
Restrictive agreements as to a business
128
Title not marketable 129 Development of doctrine requiring marketable title
129
Statute of FraudsPart performanceFraud 130 Statute of frauds
130
The formality essential to the creation of equitable servitudes 102 Whether equitable servitudes may require affirmative action 103 Mutual covenants...
131
Taking possession by vendee or lessee
132
Failure of purpose of restriction
133
Public policy against enforcing restriction 106 Equitable servitudes upon and for the benefit of chattels
134
Effect of plaintiffs default or acquiescence
136
E CONSEQUENCES OF RIGHT OF SPECIFIC PERFORMANCE 108 Devolution of purchasers rights and obligations
137
Devolution of vendors rights and obligations 110 Devolution of equitable real property rights
143
Optionsdevolution of option holders rights
145
Optionsdevolution of rights of the other party
147
Rights of purchasers widow or widower 114 Rights of vendors widow or widower
150
Voluntary and involuntary transfers of vendors rights
151
Time made of the essence by nature of the property or other
152
Voluntary and involuntary transfers of purchasers rights 117 Liability of vendor or purchaser for waste
155
Benefit of accruing profit and risk of accidental loss
156
Misrepresentation by a nonfiduciary
158
Risk of losscriticism of the prevailing rule
159
Nonnegligent mistake coupled with great hardship
164
6 Complete performance by plaintiff
177
7 Options
178
Modern attempts to explain doctrine of part performance
179
10 Lumley v Wagner
180
Inreparable injury without change of possession 137 Personal services for promise to devise
181
Oral promise to make a gift
182
Oral agreements for easements
183
Relief for plaintiff solely in equity 141 Fraudulent representation in regard to the memorandum
185
Other fraudulent representations IV Plaintiffs default or laches 143 Conditions precedent in bilateral contracts
186
Failure to comply with terms of option 145 Plaintiffs breach of his own promise as a
188
Representations as to intent not fulfilled by plaintiff 147 Plaintiffs insolvency
189
Breach by plaintiff acted upon justifiably by defendant 149 Effect of mere delay by plaintiff
191
Effect of plaintiffs delay coupled with other circumstances
193
Time expressly made of the essence
194
Remedies
204
Essential elementstest
205
Damage
206
Legalizing nuisances
207
Culpability of defendant
208
Motive of defendantspite fencespercolating waters
209
Hardship foreseen as a risk
218
SPECIFIC REPARATION AND PREVENTION OF TORTS A IN GENERAL 182 Analogy of torts to contracts B WASTE 183 Common law definiti...
231
Common law and statutory actions for waste
233
Equitable remedies for common law waste
234
Exemption from liability for wasteequitable waste
236
Samepersons affected by the doctrine
237
Basis for the doctrine
239
Equitable relief after waste has been committed
240
The right to the proceeds of waste
241
TRESPASS I Trespass to land 191 Common law and equitable remedies for trespass to land 192 Requiring the plaintiff to establish his right at lawearl...
243
Same later development
245
Plaintiff in possession1 Trespass in the nature of waste
247
Same 2 Repeated trespasses
248
Same3 Continuing trespasses 197 Same4 Taking possession of part of plaintiffs land 198 Same5 Legal remedy inadequate because of other circum st...
254
Defendant in possession
255
Plaintiff a reversioner or remainderman
256
Defendant insolvent
257
Trespass to chattels 202 Remedies at law and in equity
258
PRIVATE NUISANCE 203 Definition
259
Language necessary to the creation of a trust
265
Considerationthe law of uses
266
Samethe law of trusts
267
The statute of frauds
268
The subject matter of a trust
269
The cestui que trustpublic or charitable trusts
270
Sameprivate trusts
271
The trusteeappointment and removal
272
Joint actorsindependent actors
273
Whether issue at law must first be directed
274
Balance of convenience preliminary injunction
275
Direct and indirect remedies of cestui against third persons laches of trustee
276
Sameexistence of nuisance
277
Same discharge of obligee by trustee by cestui Payments to trustee by obligor
278
Same adequacy of damages 215 Same perpetual injunction
279
Private easements distinguished from natural rightsremedies
283
Light and
284
Right of
285
INTERFERENCE WITH TRADE INTERESTSFRAUD
299
Creditors of the trustee
315
e with domestic relations
316
PREVENTION OF CRIMES AND CRIMINAL PRO
322
Classification of trusts
330
Defendant cognizant of plaintiffs mistake
336
Sametrustee liable as if he were a debtor
337
Fraud in performance of a contract or in reducing the bargain to writing
338
Plaintiff alone mistaken defendant innocent
339
Mistake as to collateral matter
340
The intent of the donor
341
Relief to the donor
342
Relief against the donorwho are volunteers
343
Reformation against representatives of deceased
344
With an assignment of a chose in action
345
B MISTAKE 366 Intrinsic and extrinsic or collateral facts
366
Mutual mistake
367
Plaintiffs mistake caused innocently by defendant
368
Defendant cognizant of the plaintiffs mistake
369
Misunderstandings
370
Plaintiff alone mistaken defendant innocent
371
Rescission of unilateral transactions
372
Mistake of lawhistorical development
373
Is the cestuis substantive right in personam or in rem?
374
RESULTING AND CONSTRUCTIVE TRUSTS 281 Distinction between resulting and constructive trusts
375
Purchase money resulting trusts 282 Origin of the rule
376
Extent and limitations of the rule
377
Ratificationcompromise
378
Rebutting the presumptionconveyance to a dependent
379
Legislative changes
380
Action at law for fraudulent representation
381
Intended trust fails 286 Failure because of lapse illegality or uncertainty
382
Property not exhausted by intended trust
383
Gratuitous conveyance upon oral trust
384
Gratuitous conveyance inter vivoswhether resulting trust 290 Samewhether constructive trust
385
5 Plaintiffs reliance upon representationdamage therefrom
386
Samecriticism of prevailing American rule
387
Conveyance by will upon oral trust
388
Mingling of funds by trusteetracing trust funds
396
Gamblingmarriage brocage F BREACH OF CONTRACT
402
In generalconveyance of land for support
403
Rescission to a grantee CHAPTER VIII BILLS QUIA TIMET AND TO REMOVE CLOUD ON TITLE A CANCELLATION OF CONTRActs
404
Scope of bills quia timet
405
Equitable defenses arising at inception of contract
406
Equitable defenses arising after inception of contract
407
Sametransfer of equitable interests
408
Inadequacy of bill to perpetuate testimony
409
Injunction against transfer of negotiable instruments
410
Effect of pendency of an action at
411
By Death
414
By bankruptcy
421
Extent of duty to give information
433
Judgment or verdict against applicantslaches
435
Miscellaneousbills in the nature of a bill of interpleader
436
Purpose and Scope A TO AVOID OR PREVENT NUMEROUS SUITS BETWEEN ONE AND MANY
437
Joinder distinguished
438
Depositing trust money in a bank
439
No claim of an exclusive property right
440
Sametort cases giving relief
441
Sametort cases denying relief
442
Collection of void taxes
443
Contractual and statutory pecuniary obligations
444
B TO AVOID OR PREVENT NUMEROUS SUITS OF ONE AGAINST ONE 445 Bill to quiet titleejectment
445
Samerepeated actions of trespass
446
MISTAKE OF LAW 345 Historical development of the subject
461
Present state of the
462
E KIND AND AMOUNT OF PROOF REQUIRED
464
The socalled parol evidence rule
465
Statute of fraudsEnglish rule
466
Sameminority view in the United States
468
Same prevailing American view
470
Statute of wills
472
Amount of proof required
474
In general
475
Reformation against a married woman
476
G PLAINTIFFS CONDUCT AS A DEFENSE 355 Lapse of time
477
Negligence in failing to discover mistake
478
Fraud on third personsillegality
479
Compromise
480
Ratificationelection of remedies 1 H MISCELLANEOUS 360 Reformation as an independent equity
481
Form of relief
483
price paid
515
Representation of
517
Representation to third parties 390 Representation by third parties 391 Negligence in failing to discover fraud 392 Lapse of time
521
Ratificationelection of remedies 394 Putting defendant in statu
523
Rescission at lawtroverreplevinassumpsit
525
Conveyances in fraud of creditors
526
Proof of fraud
527
DURESS AND UNDUE INFLUENCE 398 Duress on the plaintiff
528
Duress on third persons
529
Conflict between state and federal decisions
544
B BILLS TO REMOVE CLOUD ON TITLE 413 In general
545
What constitutes a cloud on title
546
Requirements of title and possession
548
Inadequacy of other remedies
549
Title by adverse possessionprevention of cloud
550
Cloud on title to personaltyoral and written claims
551
Form of reliefpendency of ejectment action
553
OTHER QUIA TIMET RELIEF 420 The perpetuation of testimony
554
Taking testimony de bene esse 422 Bills to secure rights of future enjoyment
555
BILLS OF INTERPLEADER 423 In general
557
Applicant must show a reasonable doubt
558
Must one claimant be entitled? 426 No collusion with either claimant
559
Applicants interest in the
560
Other relief inadequate
561
Part of the claimants nonresident
563
Claims mutually exclusiveindependent liability
565
The same debt duty or thing
568
Privity between claimantsland
570
Same property other than land
571
Applicant a tort feasor
574
Numerous criminal prosecutions
596
MISCELLANEOUS TOPICS 448 Equitable conversion
598
Account
601
Subrogation
603
Indemnity or reimbursement
605
Contribution
607
Exoneration
609
Marshalling
610
Creditors bills 456 Equitable mortgages
611
Penalties and forfeitures
613
Infants idiots and lunatics
614
Ademption and satisfaction
615
Lis pendens
616
Equity acts specifically and not by way of compensation 23 Equity prevents a multiplicity of suits
628
Trade secrets
636
Right of transferee to office of trustee
637
Undue influence
638
Equity delights to do justice and not by halves 25 Equality is equity
646
Annuitiesdividends against bankrupts estate 51 Contracts to give security con
649
Trade marks 231 Cases analogous to trade marksunfair competition 232 Protection of noncommercial names 233 Other fraudulent representations to ...
666
REFORMATION OF INSTRUMENTS
687
Execution salesstatutory formalitiesforeclosure of mortgage
690
IN GENERAL CHAPTER VII RESCISSION 363 Rescission distinguished from reformation 364 Rescission in equity and at law 365 Rescission and s...
691
In generalunlawful cohabitation
698
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Populāri fragmenti

620. lappuse - ... or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
395. lappuse - Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing claim, whether for money or not, constitutes value where goods or documents of title are taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith...
19. lappuse - 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...
344. lappuse - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
465. lappuse - Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
476. lappuse - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
350. lappuse - Durham, his executors, &c., upon trust to pay her debts and legacies, &c. ; and to dispose of the ultimate residue to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of ; and she appointed the Bishop her sole executor.
262. lappuse - Any fence or other structure in the nature of a fence, unnecessarily exceeding six feet in height, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance.
440. lappuse - Every man must be taken to *be cognizant of the law; otherwise there is no saying to what extent the excuse of ignorance might not be carried. It would be urged in almost every case.
184. lappuse - If the transfer is dependent upon the performance of some act or the happening of some event in order to become effective, it is necessary that the performance of the act or the occurrence of the event shall have taken place before the deduction can be allowed.

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