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Home > Art, Film & Photography > The Doctrine of Equity; Being a Commentary on the Law as Administered by the Court of Chancery
The Doctrine of Equity; Being a Commentary on the Law as Administered by the Court of Chancery

The Doctrine of Equity; Being a Commentary on the Law as Administered by the Court of Chancery


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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: BOOK II. OP THE JURISDICTION OF THE COURTS OF EQUITY, IN CASES IN WHICH THE COURTS OF ORDINARY JURISDICTION CANNOT ENFORCE A RIGHT. CH AFTER I. [26] OF TRUSTS, BOTH ORDINARY AND CHARITABLE. The jurisdiction of equity to grant relief originates, as we have seen, in the occasional inadequacy of the remedy at law; and the instances in which this inadequacy occurs may be conveniently divided under two heads, viz: 1. Where the courts of ordinary jurisdiction cannot enforce a right; and 2. Where they cannot administer it. It has been already stated in the Introduction, that the equities under the first head of this division, viz., where the courts of ordinary jurisdiction cannot enforce a right, are those for performance of trusts and contracts, for election between inconsistent benefits, for completion of gifts on meritorious consideration in favor of the donor's intention after his death, for giving effect to discharges by matter in paw of contracts under seal, for relief against penalties and forfeited mortgages, for re-execution or correction of instruments which have been lost or erroneously framed, for rescission of transactions which are illegal or fraudulent, or which have been carried on in ignorance or mistake of material facts, and for injunction against irreparable torts. The jurisdiction to enforce performance of trusts arises where property has been conferred upon, and accepted by, one person, on the terms of using it for the benefit of another. The r27I former person, or owner at law, is called the trustee; the latter, or owner in equity, the cestui que trust. The principal advantage of a conveyance on trust is, that it enables the owners of property to effectuate dispositions of a more complex character than is consistent with the machinery of conve...


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Product Details
  • ISBN-13: 9780217346061
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 348
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 0217346065
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 621 gr


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