Olnrnrll ICam ^rl|onl ICthrary Matstjall lEqutty QloUettton (Stft of IE. 31. ilarsliaU, IC.IG. 1. 1394 _3 1924 084 260 177 Cornell University Library The original of tiiis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31 9240842601 77 A KEY TO STORY'S Equity Jurisprudence^ CONTAIXIXG OVER EIGHT HUNDRED QUESTIONS. BEING AK ANALYSIS CLASSIFIED BY 6UBJECTS AND REPJBENCB9, AND AN INDEX. Designed for the use of Urdversiiies, Colleges, and Law Schools, and for Private Use. By E. S. GUEENSEY, OF THE NEW TORK BAR. ITEW YOEK DIOSSY AND COMPANY, TUBLISHERS, S6 Nassau Street, 1876. iS^d^^f Entered according to act of Congress, in the year 1875, Bt E. S. GIJERNSEY, In tbe office of the Librarian of Congress, at Wasliington. INTRODUCTION. The object of this work on Equity Juris- prudence is mainly to furnish a guide, and aid to enable law students to become proficient in this comprehensive branch of practical legal science, — not by a short and easy method, or by a " royal road," but by their own industry and perseverance. The subjects Avhich it covers are those of the most frequent occurrence of any that arise in the affairs of men. No lawyer can follow his profession without a knowledge of the principles of Equity Jurisprudence. It is the only paying branch of the law, as well as that In which the highest order of talent and skill is necessary to be exercised, and is eagerly soug-ht lOTi All rights of property, and many rights of tlie person, are subject to its super- iv INTRODUCTION. vision and controlled by its principles. Its impo tance and comprehensiveness are there- fore apparent. The greatest difficulty under wliich law students labor at the present day, is in the great mass of matter laid before them Avhich is incumbered by minute details of decisions, &c., which tend to obscure and hide the great underlying principles and the magnificent and harmonious system upon which the law is founded. Nearly all of the text-books now used are mere collections of numerous cases, arranged chronologically rather than logically, and very imperfectly digested, and they present the law as made up of endless details of statutes and decisions (the latter often conflicting), without showing from whence they were de- rived, or upon what principles they are based. This confuses the mind of the student, and he rarely ever recovers from the effects of it. By the existing mode of study, lawyers are ever afterwards obliged to seek for cases for every point, and do not know how to rely upon general principles for any question that INTRODUCTION. y may arise in the course of l^eir practice. This involves great labor and drudgery: an^d ac- cess to an extensive library of the numerous reports is almost indispensable to them. They are mere " case lawyers." r. The following pages are for the exjaress purpose of aiding law students to study and clearly understand this branch of the law as a system, complete within itself, and as founded upon logical and scientific principles. The arrangemeiit is such that the chap- ters and questions comprise an outline and skeleton analysis of the entire system of Equity Jurisprudence, and the student may use any one or more standard works to fill up the subjects. There are : Story (2 vols. Boston, 1873), Adams by Sharswood, &c. (Philadelphia, 1873), Spence (2 vols., London and Phil. 1850), Watson (2 vols., London, 1873), Snell (London, 1874), Haynes (Lon- don, 1865), Smith's Manual (London, 1867), Willard by Potter (N. Y., 1875).* Other * Wiilard's work, thouj;h foundef] mainly upon the laws ofNew York state, contiiir.s the modem Ameriean system as it now exists at common law and under statutory changes in all the states. vi INTRODUOTIOX works on the special subjects stated in the chapters may be used, the following pages serving as an analysis and guide, and also as a test of progress and understanding in this study. The questions are such o.s con- stantly arise in actual practice. Story's Equity Jurisprudence, upon which this analysis and questions and alphabetical index are founded, is referred to by the chapter and titles containing the subjects and answers to the questions used, and the absence of reference to the pages and sections is for the purpose of requiring the student, to make a note on the margin and space for that purpose, briefly statinrj the answer to eucli question, and showing where it can be found. The edition of this work containing a blank page to each page of questions, is for the pui"- pose of allowing more extended notes of references, or answers and an analysis, to be made in the course of reading or actual prac- tice, and thus it will serve as a general index of notes and references to authorities, leading; decisions, statutory alterations, &c., making a useful and practical Index Lejiom, or Lawyer's INTBODUCTION. yii Common-Place Book on this branch of the hiw. Such a use of it is particularly com- mended, as it will be of almost incalculable aid in enabling a person to obtain a competent and thorough knowledge of Equity Jurispru- dence, and to practically add to its utility through an active professional life. It will show the extent of his researches, knowledo;e, and understanding of the subject of which his notes treat, and they may be made up of briefs or used for copying them in when on the sub- jects named in the chapters. This is a work for the law student on a more convenient and practical plan, though similar in purpose to that which Dr. Todd recommended to students as a system for an " Index Rerum," which has been found so instructive, useful, and valuable in after years to all who have followed his advice. By this means the student is enabled to make a complete analysis or digest and treatise by his own hand, only limited in extent and detail by his industry and taste. It should not be so extensive and minute, however, as to hide the principles in the viii INTRODUCTION. details. Lord Coke, in his Commentaries upon Littleton, in concluding, says : " I had " once intended, for the ease of our student, to "have made a table of these Institutes, but " when I consider that tables and abridgments " are most profitable to them that make them, " I have left that work to every stddious " reader." Li " The Course of Legal Study," by David Hoffman, in recommending note-books for law students, he said : " The objects of noting are two : first, as a "means of impressing knowledge on the mind, " by selecting and extracting from much " that which is valuable ; and, secondly, the " possession of such a digest as may be fre- " quently resorted to ; which digest, being " the work of the student himself, carefully " and judiciously selected from an infinite " variety of authors, and methodically ar- " ranged, must be familiar to him, and can " be examined by him with more facility, for " the solution of an occasional doubt, than " perhaps any other work." The alphabetical index will be found of INTRODUCTION. Jx great utility, for this purpose, to a practicing lawyer. It is a remarkable fact that nearly every lawyer that has become eminent in his pro- fession, adopted the plan, while a student, or making an analysis of the elementary law- books as-they were read.* The plan of this Avork is entirely new and original, and has never before been tried as an aid in the study of the law, and it is no^v introduced to the consideration of professors and students for the first time. The advantages of this new system over every other are : (1) It is entirely of a prac- tical character — the study being under special directions relating to the collection of the leading principles involved ; (2) The matter thus accumulated is always available for use ; (3) It is not necessarily voluminous or laborious. The author is confident that any student who follows the method of study here recom- mended and laid down, will never abandon or regret it so long as he continues the study of * See Baker's Life of W. 11. Sewurcl. 3 INTRODUCTION. the subject, and he will be ever thankful for the facilities which it affords in understanding and accumulating a thorough knowledge of this very practical, though now too much neglected, branch of the law. Professors will also find this work of great aid to law students under their charge. If this work induces a more thorough -Study and a better understanding of this branch of the law, the author will feel amply repaid for all his endeavors to render valuable contributions to his profession. R. S. GUEENSEY. New York City, December 6, 1875. CONTENTS. PAET I. rOUIfDATIOlNS OF EQUITY JUEISPEUDEIfCE. CHAPTEK I. PAGK The True Nature and Character of Equity Jurispru- dence 1, 3 CHAPTER II. The Origin and History of Equity Juiisprudence. . . 3, 4 CHAPTER III. General View of Equity Jurisprudence — Maxims. . . 5-7 PAET II. COKCTTEREKT JUEISDICTIOlir OE EQUITY. CHAPTER IV. Accident 8, 9 Xii CONTENTS. CHAPTER V. PAGE Mistake 10-13 CHAPTER VI. Actual or Positive Fraud 14-16 CHAPTER Vir. Constructive Fraud 17-33 CHAPTER VIII. Account 33-35 CHAPTER IX. Administration 36, 37 CHAPTER X. Legacies 38 CHAPTER XI. Confusion of Boundaries 39 CHAPTER X;i. Dower 30 CHAPTER Xm. Marshalling of Securities 31 CHAPTER XIV. Partition 33 contents; xiii CHAPTER XV. PAOB Partnership 33, 34 CHAPTER XVI. Matters of Ren 35 PAET III. PECULIAR REMEDIES IN EQUITY. CHAPTEH XVII. Discovery — Cancellation and Delivery of Instru- ments 37, 38 CHAPTER XVIII. Specific Performance of Agreements and other Duties 89-41 CHAPTER XIX. Compensation and Damages 43 CHAPTER XX. Int rp'eader i-\ 44 CHAPTER XXI. Bills Quia Timet 45 CHAPTER XXII. Bills of Peace 46 xiv CONTENTS. CHAPTEK XXni. TAOS Injunctions 47-49 PART IV. EXCLUSIVE JURISDICTION". CHAPTER XXIV. Trusts 51, 53 CHAPTER XXV. Marriage Settlements 53 CHAPTER XXVI. Terms for Years 54 CHAPTER XXVn. Mortgages 55, 56 CHAPTER XXVIII. Assignments 57, 58 CHAPTER XXIX. Wills and Testaments 59, 60 CHAPTER XXX. Election and Satisfaction 61, 63 CHAPTER XXXI. Application of Purchase-money 63 CONTENTS. XT CHAPTER XXXII. rAQT Charities and Charitable Trusts 64, 65. CHAPTER XXXIII. Implied Trusts 66-OS CHAPTER XXXIV. Penalties and Forfeitures 69- CHAPTER XXXV Infants 70i CHAPTER XXXVI. Idiots and Lunatics 71 CHAPTER XXXVII Married Women — Husband and Wife 73, 73'- CHAPTER XXXViri. Set-oil 74- CHAPTER XXXIX. Establishing Wills 75 CHAPTER XL. Awards 7(> CHAPTER XLL Writs of Ne Exeat Regno and Supplicavit, &c 77, 78' Xvi CONTENTS. CFIAPTEK XLn. PAGK Bills of Discovery, and Bills to Preserve and Perpet- uate Evidence 79 CHAPTEE XLHI. Peculiar Defenses and Proofs in Equity 80-83 CHAPTER XLIV. Estoppels in Equity 83, 84 CHAPTER XLV. Equity Jurisdiction afiecting Railways and Corpora- tions So, 86 CHAPTER XLYI. The Effect of Judgments at law — Foreign Judg- raents 87 Index 89 PART I. FOUNDATIONS OF EQUITY JURIS- PRUDENCE. CHAPTEE I. NATURE OF EQUITY JTJEISPEUDENCE. 1. What is equity jurisprudence. 2. How do the distinctions between courts of equity and courts of common law arise. 3. Can trusts he recognized or protected by courts of common law. 1 2 NATURE OF EQUITY. 4. Mention some of the cases in which courts of common law have no means of enforcing the just rights of the parties. 5. What is the distinction in the manner of the trial of causes in the two courts, and to the jurisdic- diction over a case, and the relief they are competent to give. 6. By what general rule do courts of equity ac- quire jurisdiction. 7. When jurisdiction in a court of equity has once attached, will the subsequent extentidn of the juris- diction of a court of law destroy or annul its action. 8. How may the subjects of equitable jurisdiction 1)6 divided. 9. Have courts of equity any criminal cogni- zance. 10. When may a party be compelled to elect a remedy or proceeding. CHAPTEK II. ORIGIX AND HISTORY OF EQUITY JURISPEUDEISTCE. 1. What is Lord Hardwicke's theory as to the ori- gin of the extraordinary and equitable jurisdiction of courts of chancery. 2. How has his theory been confirmed by recent investigation. 3. What chiefly contributed to extend the juris- diction. 4. What is the sole question to be considered, ■where its jurisdiction is sought. 5. Do courts of equity now exercise as wide a lati- tude of discretion in the decision of cases as the early chancellors. 3 4 ORIGIN AND HISTORY OF EQUITY. 6. Do the courts of chancery now administer jus- tice by any fixed and certain rules. 7. How is equity jurisprudence administered in the federal and respective state courts in this country. 8. Is it recognized and administered in all the states. CHAPTEE III. GENERAL VIEW OF EQUITY JUEISPEUDENCE — MAXIMS. 1. How is Lord Coke's enumeration of the sub- jects of equity jurisdiction defective. 2. How is the best mode to ascertain the nature and extent and grounds of equity jurisdiction. 3. "What are the general maxims that have been adopted by courts of equity in the exercise of their jurisdiction. 4. What is the meaning and extent of the maxim, " ^quitas requitur legem." 5 6 GENERAL WEW OP EQUITY. 5. How far does equiby generally adopt the rules oE law. 6. How is the statute of limitations regarded, and in what cases does it not run in equity. 7. What is the meaning of the maxim that where there is equal equity the law must prevail. 8. Illustrate the maxim that " He who seeks equity must do equity." 9. What is the application of the maxim that " Equity delighteth in equality." 10. What is the meaning and extent of the maxim that " Equity looks upon that as done which ought to be. done," and illustrate it. 11. What is the general rule when the title is at law, and the party comes into equity for discoyery, and Cor relief as consequent on that discovery. GENERAL VIEW OF EQUITY. 7 13. In what matters is the power of a court of equity peculiai'ly proper. 13. Do the American authorities follow the Eng- lish rule on this subject. 14. What is essential to maintain the jurisdiction for relief to obtain discovery. 15. What if the answer denies the matters of fact of which a discovery is sought. PART II. CONCURRENT JURISDICTION OF EQUITY. CHAPTER rv. ACCIDBlfT. 1. What two classes of cases are embraced under the concurrent jurisdiction of equiby. 2. What are included in the former class, and what in the latter. 3. What is an accident, and when will a court of equity grant relief, and how is it restricted. 9 ] ACCIDENT. 4. What are the four cases of most common oc- currence comprehended under the first class of acci- dents, or those which would deprive a party of some clear right. 5. What are the four most usual cases occurring under the second class of accidents as those which would subject a joarty to an unjustifiable loss. 6. Will equity relieve a party who has entered into a positive contract or obligation which he is prevented from fulfilling, or deprived of the benefit of it by accident. 7. Why will it not give relief. CHAPTER V. MISTAKE. 1. "What is a mistake, and what are its sources. 2. In wliat cases will courts of equity grant relief where a mistake has been committed through ignor- ance. 3. What are the reasons for these rules. 4. Where one security has been deliberately se- lected by the parties in prefei'ence to another through a mistake of law, will a court of equity grant relief by reforming the selected instrument so as to give it the same effect as that which was rejected. 11 12 MISTAKE. 5. Where a party acting under misapprehension of law supposes that he has no title to property with Which he parts for a nominal consideration under the name of compromise, will a court of equity grant relief. 6. What principles are applicahle to the case of compromise. 7. How do courts of equity look upon family compromises. 8 Where a judgment has heen obtained upon a point of law, which at a subsequent period is adjudi- cated differently, will equity grant relief against the judgment. 9. What is the qualification to the general rule that equity will relieve where a party has made a contract in ignorance of a. material fact. 10. How is the remaining class of mistakes aris- ing from surprise, imposition, or misplaced confidence regarded in equity. MISTAKE. 13 11. Will courts of equity relieve parties against contracts made under a mutual surprise. 12. When will courts of equity reform written agreements. 13. Does this relief extend to executed contracts. 14. How far do courts of equity depart from the rule at law which excludes the admission of parol evidence to vary or control written contracts. 15. Is there a distinction between the case of a plaintiff who seeks to reform a contract, and then enforces it, and a defendant who resists its perform- ance upon the ground of mistake. 16. Will equity grant relief where the parties have omitted any acts or circumstances necessary to give due validity to written instruments. 14 MISTAKE. 17. Will equity relieve against defectively-executed powers, and to correct mistakes in wills. 18. By what principle in every case of mistake is the exercise of equity jurisdiction limited. CHAPTER VI. ACTUAL OR POSITIVE PEAUD. 1. Whab does fraud include, and to what extent do courts of equity exercise jurisdiction over it. 2. Do courts of equity require the same amount of evidence to establish fraud as courts of law. 3. What two kinds of fraud are there. 4. What will render a contract fraudulent as be- tween the parties. 5. When "will a misrepresentation constitute a fraud against the eilects of which a court of equity will grant relief. 15 10 ACTUAL FRAUD. 6. "When will an improper concealment constitute a fraud against which equity vill grant relief. 7. How far is the rule of cayeat emptor on sales of personal property regarded in equity. 8. When will a contract be regarded fraudulent by the condition of one of the parties and when not. 9. How far do eyents of equity regard the com- mon-law maxim that "A man shall not be permitted to stultify himself." 10. How do courts of equity regard drunkenness as afEecting contracts. 11. How are the contracts of persons of very im- becile mind regarded in equity. 12. How are the contracts of infants regarded in equity. ACTUAL FRAUD. 17 13. How are the contracts of married women re- garded. 14. How far does equity follow the law in regard to married women. 15. How ■will inadequacy of consideration affect a contract. 16. In what cases of actual fraud other than in matters of contract^ can courts of equity grant relief. 17. WiU contracts which are required to be in writing by the statute of frauds, be supported, al- though resting merely in parol, if partially executed. 2 CHAPTER VII. CONSTEUCTIVE FRAUD. 1. What is meant by constructive fraud, and into tow many classes is it usually divided. 2. What cases are included under the first class of constructive frauds, and how are they each classed. 3. What principles are applied hy courts of equity to contracts where both parties are particeps criminis, and upon what maxim do they act. 4. When are illegal contracts capable of confirm- ation, and what maxim applies. 18 CONSTUCTIVE FRAUD. 19 5. What cases are included in the second class of constrnctiTe frauds, and what principles are applica- ble to them. 6. How are contracts between parent and child, regarded, whereby the latter secures benefits to the former. 7. How are contracts between guardian and ward looked upon, and also between attorney and client. 8. How far is an agent bound to render service, skill, &c. , to his principal's benefit. 9. How far is a trustee restricted in regard to the trust estate. 10. What is the doctrine as regards contracts be- tween principal and surety, and also between princi- pal and creditor, as affecting surety. 20 CONSTRUCTIVE FRAUD. 11. What acts of the creditor will discharge the surety. 13. What cases belong to the third class of con- structive frauds. 13. HoTV are contracts made with seamen for their wages or prize money regarded- 14. What about contracts usually called catching bargains made with heirs, reversioners, and expec- tants, relating to expectant estates. 15. What is a post obit bond, and how are they to be regarded. 16. How is the statute regarding the conveyance of lands, goods, or chattels to defeat or delay credi- tors, interpreted by the courts.. 17. When will a conveyance voluntarily made by a person in favor of his wife and children be sus- tained. CONSTRUCTIVE FRAUD. 21 18. Will a voluntary conveyanoe which is void as to creditors be good as between the parties. 19. Will equity grant relief where the property has been subsequently conveyed for a valuable con- sideration to a purchaser without notice of the fraud. 20. How are secret compositions between an insol- vent debtor and his creditors regarded. 21. Can money paid under them be recovered 22. Will equity grant relief against underhand agreements which operate as a fraud upon third per- sons. 23. How is a party who enables another to com- mit a fraud regarded. 24. Will infancy or coverture constitute any ex- cuse for concealment or misrepresentation. 22 CONSTEUCTIVE FRAUD. 25. How will equity hold a person who purchases property with full notice of the legal or equitable title of another. 26. What is held to be sufficient notice. 27. How does notice to an agent or attorney affect the principal. 28, "Will equity protect a purchaser with notice from one who acquired his title without it. 29. In what cases will relief be giyen where there is collusion with fiduciaries in Tiolation of their trust. 30. What is the doctrine of tacking securities. 31. How are liens to be paid in the United States. CHAPTER VIII. ACCOUNT. 1. When did an action of account lie at common law, and what are the grounds and limits of equita- ble jurisdiction in matters of account. 3. What is the rule as to the appropriation of payments. 3. How are the parties to a bill for an account re- garded in equity. 4. What principles are applicable to stated ac- counts. 5. After what lapse of time will courts of equity refuse to entertain a bill for an account. 23 7. When, against whom, and on what grounds will a court of equity entertain a bill for an account as against agents. 8. How will an agent be regarded who has neg- lected to keep regular accounts, or who has so inter- mixed his principal's property with his own that they can not be distinguished. 9. What is apportionment, and when will it be decreed in equity. 10. What is the rule in relation to rents, charges, and incumbrances on land. 11. What does general average mean, and when is it a ground of equitable jurisdiction. ACCOUNT. 25 12. Upon what grounds and in what eases will courts of equity enforce a contribution, and what maxim do they follow. 13. When and how fur does the right to enforce contribution exist among co-sureties. 14. Will the release of one surety discharge the remaining obligors. 15. Are sureties entitled to the benefit of all securities which have been taken by any one of them to indemnify himself against their common liability. 16. What i^ a lien, and when does it furnish a, subject for equitable jurisdiction. 17. When will equity decree an account of rents and profits. 18. When will equity decree an account in cases of waste. CHAPTBE IX. ADMINISTRATION. 1. Upon what grounds is the jurisdiction in the administration of assets founded. 2. What is a hill of conformity. 3. What is a creditor's bill. 4 What is the usual decree in such cases. 5, What are regarded as equitable assets, and upon what principle are they administered. 6. What is meant by the marshalling of assets, and when will it be done. 26 ADMINISTRATION. 37 7. In -what order axe assets generally marshalled for the payment of debts. See post, Chap. XIII. 8. "When will courts of equity follow assets which haye been misapplied by an executor into the hands of third persons. 9. "What principles are applicable to auxiliary ad- ministrations. 10. By what laws are assets to be administered as regards creditors, and how are the claims of legatees and distributees determined. 11. Where a domestic administrator has taken out letters abroad, can he be called upon before the foreign administration is settled for an account of assets received there. 12. How far are separate administrations granted in different countries independent. CHAPTER X. LEGACIES. 1. On what grounds do courts of equif-y entertain suits for legacies. 2. Where the testator has not disposed of the sur- plus of his personal estate, how will the executor take it. 3. What protection over legacies will be exercised hy courts of equity. 4. "What is the doctrine in equity as to a donatio causa mortis. 5. Can a donatio causa mortis be the subject of a trust. 28 CHAPTER XI. CONFTTSION OF BOUNDARIES. 1. When will courts of equity entertain a bill to ascertain the boundaries of land. 2. How do they ascertain the boundaries. 29 CHAPTER XII. DOWEE. 1. When will a bill be entertained for tlie assign- ment of dower. 2. What if the right to dower is disputed. 3. Will a bill by a widow for discovery and relief be entertained against a bona fide purchaser for a valuable consideration without notice. 30 CHAPTER XIII. MAESHALLING OB SECUEITIES. 1. When and on what grounds do courts of equity- marshal securities. See ante, Chap. IX. 2. If there are two estates mortgaged to A. for the same debt, and one of them to B., can A. be re- quired by B. to resort to that in the first instance which B. can not touch. 3. Can a creditor whose debt is secured by a fund, as well as the personal obligation of the debt- or, be compelled to resort to the fund in the first instance. 31 CHAPTEE XIV. PAETITIOK. 1. In a bill for partition is it necessary to state any particular grounds of equitable interposition. 2. Upon -what is jurisdiction founded. 3. What can the court do in regard to the con- yeyances according to the allotment of the commis- sioners. 4. What if the parties are unable to execute a con- veyance. 5. How far can a writ of partition give relief. 6. Does equity giye relief in all cases in partition. 32 CHAPTER XV PARTNERSHIP. 1. What remedies at lav bare partner,-^ agaiast each other. 2. What are the most important and principal remedial functions exercised by courts of equity in cases of partnership. 3. How is real estate which has been purcbased with partnership funds and as partnership stock re- garded in equity. 4. How is it as between the heirs and distributees of a deceased partner. 2 33 34 PARTNERSHIP. 5. On what principles do courts of equity apply the assets of a partnership as between the partners and their joint or separate creditors. 6. Can a joint creditor proceed at law against the separate estate of one partner. 7. On the death of one partner, can the joint creditors proceed in the first instance against his separate estate. 8. Where at law an execution is levied on the joint property to satisfy the separate debt of one partner, will a court of equity restrain the sale thereof. CHAPTER XVI. MATTEES OF RENT. ]. On what principle and when do courts of equity enforce the payment of rent. 2. How is rent regarded as to the land. 35 PART III. PECULIAR REMEDIES IN EQUITY. CHAPTER XVII. DISCOVEBY, EESCISSIOiT, CANCELLATIOK, Ai^D DE- LITEET OF INSTRUMENTS. 1. What are the nature and grounds of the juris- diction with reference to discoveiy. (See Chap. XLII., post.) 2. When and on what grounds do courts of equity direct the rescission, conoellation, or delivery of in- strumen ts. 37 38 DISCOVERT, &c., OF INSTRUMENTS. 3. Is there any distinction in equity between an instrument utterly Toid, and one that is merely Toid- able. 4. Will the court interfere where the illegality or nullity of the instrument is apparent on its face. 5. How win a court of equity ascertain the valid- ity of a contested instrument. 6. When will courts of equity, and when will they not, entertain hills for the delivery of specific chat- tels. CHAPTEE XVIII. SPECIFIC PERFOEMANCE OF AGREEMENTS AISD OTHER DUTIES. 1. Can the specific performance of an agreement be claimed in any case as a matter of right. 2. In what cases will contracts not be enforced. 3. What are the three classes of cases in which the application is made. 4. When will the specific performance of per- sonal contracts be decreed. 5. Will the specific performance of a coyenant by a husband that his wife shall execute a conveyance with him, or perform any other acts, be decreed. 39 40 PBRPORMANOE OF AGREEMENTS. 6. When will courts entertain applications for the specific performance of real contracts. 7. Will a defendant be permitted to use evidence in resisting a decree which a plaintiff would not be allowed to use for the purpose of obtaining it. 8. When will the contract ordinarily be enforced. 9, When will time be regarded as the essence of a contract. 10. When will courts decree the specific perform- ance of a contract respecting land which is within the provisions of the statute of frauds. 11. What is coasidered part performance. 13 What other pai'ol contracts void at law will be specifically enforced in equity. PERFORMANCE OF AGREEMENTS. 41 13. When the specific execution of a contract is decreed between the parties, how far will it be en- forced. 14. "Will courts enforce the specific performance of Toluntary contracts, or such as are founded upon no valuable or meritorious consideration. 15. What exception is there to this doctrine. CHAPTER XIX. COMPEITSATIOK AKD DAMAGES. 1. In what cases will equity give redress by way of compensation and damages. 2. How is the amount of compensation and dam- ages ascertained in equity. 3. How are liquidated damages regarded. 42 CHAPTER XX. IKTERPLEADER. 1. What is the nature and origin of the jurisdic- tion on bills of interpleader, and when are they usu- ally allowed. 2. What is the effect of it. 3. When may a tenant bring a bill of interpleader. 4. Can a person who is ia possession of property as agent or consignee of another bring a bill of inter- pleader where the property is claimed by a third per- son under an independent title. 5. What exception is there to this rule. 43 44 INTERPLEADER. 6. Will a bill of interpleader lie in behalf of a sheriff who has seized goods on execution or other process, to which adverse claims are set up, and why not. 7. What is a hill in the nature of a bill of inter- pleader. CHAPTER XXI. BILLS QUIA TIMET. 1. "What is the nature and extent of a bill quia timet, and wlien will it lie. 2. What is a receiTer, and when will a receiver be appointed. 3. What are the rights and duties of a receiyer, and how do courts regard them. 4. When will the giving of security or the pay- ment of money into court be required on bills quia timet. 45 CHAPTEE XXII. BILLS OF PEACE, 1. How many classes of bills of peace are there, and when will they lie. 3. Will it lie where the right is disputed between two persons only. 3. In what other class of cases will it lie, and npon what maxim does the court act. 46 CHAPTER XXIIL INJUNCTIONS. 1. What is a writ of injunction. 2. What is the judicial writ, and what is the re- medial writ. 3. What are the general principles that regulate this branch of equity jurisprudence. 4. When and on what grounds will courts of equity restrain proceedings at law. 5. In what cases will they refuse to restrain pro- ceedings at law. 47 48 INJUNCTIONS. 6. When will courts of equity interfere to abate or to prevent a public nuisance. 7. When will an injunction be granted to protect rights connected with real property. 8. When will an injunction be granted against acts injurious to the rights of personal property. 9. When will an injunction be refused in a patent case, and when in copyright cases. 10. What is the usual practice of the court in re- gard to the question of violation of a copyright. 11. When will courts of equity protect by injunc- tion uncopyrighted manuscripts, and of what nature. 33. Will an injunction issue to restrain the un- thorized use of a name or label. INJUNCTIONS. 49 13. Whea will a party be restrained from the commission of acts inconsistent with his legal obligations. 14. Will an injunction issue against the publica- tion of a libel, or the commission of a crime not con- nected with the right of property. PART IV. EXCLUSIVE JURISDICTION. CHAPTEE XXIV. TRUSTS. 1. "What are trusts, and how did they originate. 2. How many kinds are they diyidcd in to. (See post, Chap. XXXIII.) 3. When may an express trust be revoked. 4. What is the nature of a trust estate. 51 52 TRUSTS. 5. When will a cestui que trust oe barred. 6. What is essential to the creation of a trust. 7. Who is deemed the trustee when a trust has been created by a last will and testament, and no trustee is named. 8. How far does the trustee's power extend oyer the trust property. CHAPTER XXV. SIAKKIAGE SETTLEMENTS. 1. When and in whose favor ■will tbe specific execution of marriage articles be decreed. 2. May personal chattels be limited in the same way and to the same extent as real estates of inheri- tance. 3. When is it necessary to appoint trustees to preserve contingent remainders, and what are the powers and duties attached to that office. 53 CHAPTEE XXVI. TEEMS FOE YEAES. 1. What is the origia of terms for years, and how are they goTerned. 2. What are the henefits and advantages of attendant terms. 3. How are terms regarded which are created to raise portions for children. 54 CHAPTEE XXVn. MOETGAGES. 1. What is a mortgage, and how is it regarded by courts of equity. 2. What is essential to constitute a mortgage, and ■what kind of property may be mortgaged. 3. What interest has the mortgagor in the land after failure to perform the condition. 4. How far is his equity of redemption liable. 5. What is the nature and extent of the interest of the mortgagee in the lands after the mortgage has become absolute. 55 56 MORTGAGES. 6. Who may redeem, and how may the equity of redemption be lost. 7. What is the practice and effect of the foreclos- ure of a mortgage. 8. How are mortgages of personal property dis- tinguished from mortgages of real estate. 9. What are the principles which determine pri- ority of payment between different mortgages. CHAPTER XXVIIL ASSIGNMENTS. 1. What is an assignment, and how is it regarded in equity. 2. "What is the ground of equitable juriEdiction in reference to assignments. 3. What may be and what may not be the subject of an assignment. 4. When will an assignment not be replaced. 57 gg ASSIGNMENTS. 5. How are assignments by an insolvent debtor for the benefit of his creditors regarded. 6. When are such assignments revokable. CHAPTEE XXIX. ■WliLS AKD THSTAilENXS. 1. Upon wliat grounds do courts of equity exerT cise jurisdiction oTer trusts and powers created by last -will and testament. 3. When is it necessary and proper to resort to courts of equity to ascertain the persons entitled to take under general descriptive words. 3. Does a power in a will to raise money out of the rents and profits of an estate, to pay debts or portioniS, authorize under any circumstances a sale or mortgage of the estate. 59 60 WILLS A.ND TESTAMENTS. 4. From what is the jurisdiction of courts of equity derived over legacies, and what principles of construction govern in such cases. 5. When will courts of equity raise an implied trust. 6. When the intention to create a trust is dis- tinctly shown, but the objects are not denoted with sufiBcient clearness, how is the property disposed of. CHAPTER XXX. ELECTIOIf AND SA.TISF ACTION. 1. What is the doctrine of elention, and on what grounds is it the subject of equitable jurisdiction. 2. Where a devisee whose property has been dis- posed of by a testator elects against a will, what becomes of the rejected bequest. 3. What is suflBcient to put a party to his election. 4. What are the most diflBcult classes of these cases with which the courts have to deal. 61 62 ELECTION AND SATISFA CTION. 5. Where a will is valid to pass the personal hut not the real estate, can the heir take a bequest of personalty without confirming the devises of the real estate. 6. When will an elecbion be presumed. 7. When will a party be compelled to elect. 8. What is the doctrine of satisfaction, and when does it arise. 9. What is the distinction between performance and satisfaction of a covenant. 10. In what three classes of cases does the doc- trine of satisfaction arise. 11. What are the principles by which they are governed. CHAPTER XXXI. APPLICATION OF PURCHASE MOIfET. 1. When and in what cases do courts of equity hold purchasers bound to look to the application ol' the purchase money. 3. How is it when real estate is charged with the payment of a legacy or a specified debt. 3. In what cases will a court of equity refuse pro- tection to a purchaser. 63 CHAPTEK XXXII. CHAEITIES. 1. Had courts of equity jurisdiction over charities prior to the statute of 43 Elizabeth. 3. "What are charitable uses, and to whom do they extend. 3. How are charities favored by conrtG of equity. 4. How is the doctrine of cy pres applied at pres- ent in England. 64 CHARITIES. 65 5. "Where property is giyen for religious purposes do courts of equity consider it an implied condition that the religious opinions of the donor should al- ways be taught. 6. When will a court of chancery enforce a chari- table bequest for foreign objects. 7. In what cases will the court leave the control of the charity to the local tribunals. / / /..' CHAPTEK XXXIIL IMPLIED TRUSTS. 1. What is a resulting or implied tnist. 3. When will the law raise an implied trust in an instrument creating an express trust. 3. What is the result of a conveyance of property without any consideration, expressed or implied, or any trust declared. 4. When will the law raise a trust for the benefit of a third person in a purchase of real estate, and an absolute conveyance executed to the vendee. 66 IMPLIED TRUSTS 67 5. What exceptions are there to the doctrine of a resulting trust in favor of the person who advances the purchase money. 6. "When do courts of equity consider the executor as a trustee for the next of kin of the undisposed of personalty of his testator. 7. What is meant by the equitable conversion of property. 8. What are liens, and how are they regarded in equity. 9. What liens are raised by courts of equity on the sale of real estate. 10. When will equity raise a lien for the benefit of a person who has expended money or labor upon the property of another. 68 IMPLIED TRUSTS. 11. When will equity raise a lien from the pos- session of trust property. 13. When will a trust be forced upon the con- science of a party in invitum. 13. What are the duties and responsibilities of a trustee in equity. 14 How far will one trustee be held liable for tlie acts of his co-trustee. 15. When will equity enforce trusts which attach to property situate in a foreign country, or which can only be properly executed abroad. CHAPTER XXXIV. PENALTIES AND FORFEITURES. 1. When will equity grant relief against penalties or fixed damages. 2. How far wi]l equity relieve against forfeitures under agreements. 3. How does equity regard statutory penalties or forfeitures. 69 CHAPTER XXXV. INFANTS. 1. When will equity assume the protection of in Fants. 2. How is the court of chancery regardod in its relation to the infant. 3. When can a guardian change the character of the ward's estate, and how is it regarded. 4. When will chancery interfere in regard to the marriage of its ward. 70 CHAPTEE XXXVI. IDIOTS AKD LUNAIICS. 1. When ■will a court of equity appoint commis- sioners relating to lunacy, and how is an inquisition always made. 2. If a party is found to he a lunatic hy the in- quisition, how may it still be avoided. 3. On the return of the inquisition what does tKe chancellor do. 4. Can the committee enter into any transaction or contract respecting the property of the lunatic without the authority of the court. 71 CHA.PTBE XXXVII. MAEEIBD W0ME:S' — HUSBAJSTD AND WIFE. 1. How do courts of equity regard contracts be- tween husband and wife 2. How will gifts from the husband to the wife be regarded. 3. How may a married woman acquire a separate property. 4. What will be sufficient to raise a trust for the separate use o£ a married woman. 5. How do gifts to a married woman of jeweliy, private ornaments, &c., stand. 72 HUSBAND AND WIFE 73 6. What are the rig-hts and liabilities of a married woman in equity in reference to her separate prop- erty. It. What is nnderstood by the wife's equity to a a settlement, and when may she bring a writ for the purpose of asserting it. (See ante, Chap. XXV.) 8. Is the right of the wife personal, and may it be waived, or lost, or suspended. 9. What is alimony, and when will it be decreed to a married woman. CHAPTBE XXXVIII. BET -OBJ. 1. What is the origin and extent of equitable jur- isdiction in cases of set-off. 3. When will equity follow the law in regard to set-off. 3. When are cross demands existing in different rights allowed to be set-off. 74 CHAPTER XXXIX, ESXABLISHIXG WILLS. 1. Haye courls of equity authority io establish a ■vrill which has been destroyed, or to compel its pro- duction when fraudulently suppressed. 2. Hare they authority to determine the validity of a will on the allegation that it was fraudulently procured. 3. After the validity of a will has been fully es- tablished, how far will equity then interfere. 75 CHAPTER XL. AWARDS. 1. Will a court of equity decree the specific per- formance of an agreement to refer a matter in con- troTersy to arbitration. 2. What will it do when an unimpeachable award has been rendered. 3. What will it do in cases of fraud, accident, or mistake in an award. 76 CHAPTER XLI. WRIX OF NB EXEAT REGKO AKD SUPPLICAVIT, AND PROCEEDINGS ON ISSUES. 1. What is the wrifc of ne exeat, and when is it granted, and what is its object. 3. Will it lie against a husband where alimony has been decreed to a wife. 3. What is the writ of snpplicayit, and when will it lie. 4. When do courts of equity refer the decision of a question of fact or of law to the common-law courts. 77 78 WRIT OF NE EXEAT REGNO, ifcC. 5. What is the reason that such a trial is not bound down to the forms and incidents of a regular trial. 6. Can a judge in equity treat a verdict as a nul- lity in such cases. CHAPTER XLII. BILLS OF DISCOVERT — BILLS TO PERPETUATE EVI- DENCE AND TO TAKE TESTIMONY DE BENE ESSE. 1. "What is a bill of discovery, and when does it lie. 2. What is a good objection to a discovery. 3. What is a bill to perpetuate testimony, and when will courts of equity maintain it. 4. When does the right to this bill exist. 5. What is the nature of a bill to take testimony de bene esse, and when will it lie. 79 CHAPTBE XLIII. PECULIAE DEFENSES AND PROOFS IN EQUITY. 1. When does the statute of limitations constitute a good defense in equity. 2. When will a plea of the statute of frauds con- stitute a good bar to a suit in equity. 3. When is a former decree or recovery a bar. {See post, Chapter XLVI.) 4. When is the plea of an account stated a suffi- cient defense in equity. 6 80 PECULIAR DEFENSES. 81 5. When does the plea of a bona fide purchaser for a valuable consideration, without notice, furnish a good defense in equity. 6. "What is the effect of an omission to make proper parties to a bill in equity. 7. How far do the rules of evidence which have been adopted in courts of equity differ from those "which prevail in courts of law. 8. What is the rule in equity where the defend- ant in express terms negatives the allegations of ihe bill, and what is the reason for this rule. 9. What is the rule where the answer admits or denies the facts in the biU, and sets up other facts in defense or avoidance. 10. What is a decree, and when is it considered as interlocutory, and when as final. 82 PECULIA.R DEFENSES. 11. What is the difference and efiect between an enrolled decree, and one not enrolled. CHAPTER XLIV ESTOPPELS 1. When are estoppels applied in equity. 2. When will acquiescence, and when will it not, create an estoppel. 3. What is the difference hetween exacutory and executed interests as to acquiescence. 4. What is the basis of the doctrine of estoppels in pais. 83 84 ESTOPPELS. 5. Can an estoppel arise 'n regard to the dedica- tion of land to public use. 6. Can estoppels be created by acts as well as ■words. ' 7. Will estoppels be applied to tenure of land. 8. When must fraudulent securities be objected to in equity. 0. What if in equity a party does not explain the reason of his delay. CHAPTEE XLV. JUKISDICTIOK AFFECTING RAILWAYS AND CORPORA- TIONS. 1. How far will injunctions lie in regard to rail- ways. 2. Wiien will an injunction lie, and in what par- ticular cases, against joint-stock companies. 3. When will alteration of charter release sub- scribers to stock. 4. Will one company be enjoined from assuming the transfer and business of another without special authority. 85 80 JURISDICTION AFFEOTINQ RAILWAYS, &c. 5, Can railway or joint-stock companies be re- strained from petitioning the legislature for a change of their corporate powers. 6. Will courls oT equity attempt to control the internal management of corporations. 7. Will courts interfere and control the action of railroad companies in regard to the construction of public works. 8. How far will oflicers be regarded as trustees. 9. Will equity interfere by way of decreeing spe- cific performance. -10. Can one company be restrained from inter- fering with th- franchises of another. CHAPTEK XLVI. EFFECT OF JUPGilFXTS AT LAW — FOEElGlf JUDG- 3IEXTS, 1. How far will courts of equity control jiidg- ments at livr, and upon what grounds will an injunc- tion be granted. 3. In what cases is a judgment at law conclusive, and when will it be reheard in equity. 3. How are foreign judgments regarded, and when will they be inquired into. 4. How may foreign judgments be aToided in effect. ST INDEX TO ANALYSIS* ABATEMENT . . ... 25 Of debts. Of legacies. Statutory enactments. Leading cases on. ACCELERATION" ..... 66, 68 When allowed. Statnitorj' enactments. Leading cases od. (See LiBif. ) ACCIDENT 8, 9 Grounds of jurisdiction in equity. When remedied at law. When no remedy. Defective execution of a power. * The reference to the leading /leadings are to thepa^es where the till- of the chapter is which contains the subject in Story's Equity Jurisprudence. The detail references are to be filled out by the student as he progresses with his subject. The index of the book used may be consulted to aid in this. eO INDEX TO ANALYSIS. ACCIDENT {Continued.) Loss of deeds, &c. Statutory enactments. Leading cases on. Chief author ou. (See Mistake.) ACCOUNT . . . . . .33,35 Nature of jurisdiction on. ■ Concurrent jurisdiction, when. In what cases it will lie. Stated when a bar. Settled account, when opened. Leading cases on. (See Trustee.) ACQUIESCENCE . ... 83, 84 (See Estoppels. ) ACTION, THINGS IN . . . .57,58 What they are. Assignment of. Statutory enactments. Choses in, what are. ADMINISTRATION . . . . 36, 27 Jurisdiction as to. Definition oflegal assets. " " equitable assets. ' P legal assets. INDEX TO ANALYSIS. 91 ADMIKISTEATION ( Continued. ) Of equitable assets. Of different properties. Order of in payment of debts. " " " " " legacies. Marshalling of assets. Foreign assets. Order of satisfaction. (See Legacies, Maeshalling, Trusts.) ADMINISTEATOK . . , . . 51,53 (SeeTEUSTEE.) AGENT . . ... 23, 35 Duties of. Responsibility of. When considered as trustee. Sales and purchases by. Liability to account. After relation has ceased. (See TktjStee.) AGREEMENT . . ... (See Feaud, Specific Performance.) ALIMONY 73,73 When allowed. Eemedies to enforce. Statutory enactments. 92 INDEX TO ANALYSIS. ANNUITIES . . . . When valid. (See Appoetionment.) APPORTIONMENT 33,25 In what cases it will lie. " " " " " not Ho. ARBITRATION . (See AwAKD.) ASSETS 26, 37 (See Administration, (Jrebitors, Mabshalling.) ASSIGNMENT ...... 57, 58 What amounts to. General, for benefit of creditors. What interests are not assignable. Importance of notice of. Statutory enactments. (See Notice.) ATTORNEY AND CLIENT . . 17-23 Their relation. Lien of attorney, &c. Account between. INDEX TO ANALYSIS. 98 AWARDS 76 Will DOt be compelled. Fraudulent. Jurisdiction as to. Effect of, and when enforced. BABS PECULIAR TO EQUITY (See Defenses.) BILLS Of peace. Quia timet. To perpetuate testimony. To tiike testimony de bene esse. For an account. To establish wills. Of conformity, what is. By creditors. For discovery. Of interpleader. (See Testimony. ) BO]SrA FIDE PURCHASERS Who are. Protection of. Statutory enactments. BOUNDARIES. . ... 29 Settlement of. 94 INDEX TO ANALYSIS. CANCELLATION OF DEEDS AND IN- STRUMENTS . . . . . 37,38 When decreed. When not decreed. Upon what terms. By accident. By mistake. CHAMPERTY 57, 58 What is. What is not. EfEect of. Statutory enactments. CHARGE 66, 68 How created. For payment of debts. " " " legacies. Mode of giving efEect to. When en'orced on lands. CHARITIES AND CHARITABLE TRUSTS 64,69 Jurisdiction as to. What are now deemed. How construed. Surplus, how applied. For foreign objects, when enforced. When marshalling in. Rewards to discover charilies. Altering a charily. Statutory enactments. Leading cases in. INDEX TO ANALYSIS. 95 CHATTELS . . ... 39, 41 Specific delivery ol', when decreed, lujunciions against transfer. (See Contract.) CHOSES m ACTION . . . . 57, 58 What are. (See Action.) COLLUSION 17, 22 Effects oi'. COMPENSATION 4Si When decreed. When not. (See Damages, Set-Off.) COMPOSITION WITH CREDITORS When valid. When not valid. Statutory cnaotmenl^s. COMPROMISES .... When valid. How regarded in equity. In Ignorance of fact or a rule of law. Of doubtful rights. 98 INDEX TO ANALYSIS. CONCEALMENT . (See Fraud.) CONDITION . How viewed at law. When relieved against in equity. Possible and impossible. Precedent and subsequent. Illegal and repugnant. Effect of waiver. CONPIEMATION .... What transactions are capable of. " " " not capable of. CONFUSION OP BOUNDAEIES . . 29 When they will be fixed in equit^. CONFUSION OF PKOPERTY When relief for. Effect of when between agent and principal. CONSIDERATION, INADEQUACY OF Does not per se avoid a bargain. Inadequate, when. Excessive. Conveyance without. INDEX -TO ANALYSIS. 97 CONSIDERATIOlSr (Continued.) Agreement without is not generally enforced. (See Fraud.) CONTINGENT INTERESTS AND RIGHTS Assignable in equity. Statutory enactments. CONTRACTS By persons in drink. Illegal, what are. In restraint of marriage. " « " trade. Against public policy. Usurious. When avoided or not. Under duress. - Respecting lands. When treated as if performed. Voluntary, when enforced or not. When decreed or not. Statutory enactments. Chief authors on. (See Fraud, Specific Perform- AifCE, Vendor.) CONTRIBUTION . When it may be enforced. (See Apportiokment.) 7 98 INDEX TO ANALYSIS. CONVEYANCE .... Voluntary, when enforced or not. With notice of another's title. In another's name. When a trust. Statutory enactments. CONVEESION OF PEOPERTT, EQUI- TABLE From real to personal, or e contra. When land deemed as money. When money deemed as land. Election o! party. Lien in cases of. COEPOEATION 85, 86 Equity jurisdiction over. Capital stock, how regarded. Equity will compel officers to perform trusts. Tbeir acts favorably construed. Application of funds of. (See Injunction, Railways.) COUNTERMAND When good. INDEX TO ANALYSIS. 9^ COURTS OP COMMON LAW. Distinction between, and courts of equity. How far united with equity by statute. Power ol" chancery over. (Sec Courts of Equity.) COURTS, ECCLESIASTICAL Injunction and prohibition upon. COURTS OE EQUITY . Eules of interpretation applied in. Dialinctiou between, and court of law. Dilfereut natures of rights ani reme- dies in. Mode of proceeding in. " " trials in. Evidence in. Powers of. AVhen they have jurisdiction. "When property out of jurisdiction. Kinds of remedies in. Cases not relieved by. Character of decrees in. (See Equity, JUxJISDiction.) COURTS, INFERIOR , . . , When pubject to chancery. (See Mandamus, I'BOHiBiTioiir.) 100 INDEX TO ANALYSIS. COVENANTS When and how enforced. ' "When relief is granted as to a breach of. €KEDITOES How regarded in equity. In cases of deJective execution of powers. Marshalling of assets for benefit of. Lien of, on a charge for payment of debt. Of partners, lien of. Wliethcr put to election or not. "When sale decreed to satisfy lien of. nights of, and when enlbreed. Priority of. Bills, what they are. "Who may file. Proceedings on. Statutory enactments relating to. (See Debtors, Peaud.) CYPEES. What it is. (See Chakities.) DAMAGES 43 When decreed in equity. When not. Liquidated, how regarded. (See Sei-Ofj?, Compensation.) INDEX TO ANALYSIS. 101 DEBTOES .... Legacies by, or to. Collusion of. Estate of deceased. (See Greditoks, Fraud.) DECEIT . (See Fraud.) DECEEES IN EQUITY . When a bai' or not. Frauds in. How regarded in law. (See Judgments.) DEBTS Abatement of. Acceleration of. Devise in regard to. Assignment of. (See MARSHALiiiirG, Set-Ofe, Ad- imj^ISTRATIOif.) DECLAEATION OF TEUST What is. How regarded. (See Trusts.) 102 INDEX TO ANALYSIS. DEEDS (See Eelief in Cases of Mis- take.) DEFENSES ...... 80-88 Peculiar in equity. (See Baes.) DELAY How regarded in equity. Effect of. (See Laches, Limitations.) DELIVEKY TIP OP DOCUMENTS, &G. 37, 3S When decreed, and on what terms. When not decreed: Who may file bill for. Of specific chattels, when decreed. Of possession, injunction for. DEPOSIT . Of documents. Of chattels, effect of. Mortgage by. (See MOETGAGE.) INDEX TO ANALYSIS. 103 DEPOSITIONS When to be published. (See Testimony.) DISCOVERY, BILL OF .... 37, 79 When it lies generally. For relief, when maintainable or not. When it lies, not generally. Against whom it lies. What must be alleged in. Statutory enactments. DISABILITY Effect of. Who are subject to. Election by persons under. (See Drunkaeds, Idiots, Iij-- FAKTS, LUIS'ATICS, MAEEIED WOMEX.) DIVOECE (See Maekied Women.) DOCUMENTS Cancelling, deliyering up, and receiving. Inspection of. Deposit of. (See DiscovEET.) 104 INDEX TO ANALYSIS. DONATIONES MORTIS CAUSA . What they are. What is necessary to give them effect. DOWER 3C Grounds of jurisdiction in. Right to, and how regarded. Election of. Assignment of. How barred. Statutory enactments. (See Mabeied Womezst.) DRUNKARDS. When their acts are relievable. When relief refused. How regarded. DURESS .... Relief in cases of, when. ELECTION ' . 61, 62 Jurisdiction in cases of. As to land or money. When implied. Not presumed. Of remedy, when compelled. By persons under disabilities. In case of creditors'. (See Satisfaction.) IISTDEX TO ANALYSIS. 105 EQUITY 1,2 Nature and character of. Definitions and kinds of. Its objects and extent. How governed. Who it only assists. (See Courts of Equity, Maxims.) EQUITABLE ESTOPPELS (See Estoppels.) EQUITY OP EEDEMPTION (See Mortgage.) ESTOPPELS 83, 84 What they are, and how created. To whom they apply. Effect of delay on. (See Laches, Limitation's.) EVIDENCE In courts of equity, peculiar. Parol, when admissible or not. To rebut presumptions. Bills to perpetuale. (See Perpetuating TESTiMoiirT.) 106 INDEX TO ANALYSIS. EXECUTION (See Judgment.) EXECUTORS . (See Trustee.) EXPECTANTS . (See Heies.) EOKEEITURBS 69 (See Penalties and Foefei- TUEES.) EEAUD Definition of, in remedial equity. Eflect of. No relief to participator in. Kinds of. EfEect of notice of. EEAUD, ACTUAL OE POSITIVE . . 14, 16 Definition of. Effect of. Cases of, not relievable. When relievable. Evidence in. Divisions and classes of. Notice of, and effect. Statutory enactments. INDEX TO ANALYSIS. 107 TEAUD, COISrSTRUCTIVB . . .17, 22 Definition of. Efleflt of. Oases not relievable. When relievable. Evidence in. Divisions and classes of. Notice of, and effect. Statutory enactments. PEAIJDS, STATUTE OF. Cases afl'ected by. When a bar in equity, and wlien not. FEATJDULENT CONVEYANCES . Belief against, when allowed. " " , "not allowed. Effect of notice of. Statutory enactments. GUAEDIAN AND WAED (See Infants and Teitstee. ) HEIES AND EXPECTANTS . Agreements between. When relieved against fraud. Grounds of relief of. When transactions with, will be set aside. Sales to, or by. Statutory enactments. 108 INDEX TO ANALYSIS. HUSBAND AND WIPE . (See DowEE, Maekied Women-.) IDIOTS 71 (See LunrATics, Imbecility.) IMBECILITY, MENTAL Relief in cases of. Where there has been no fraud. Where there is undue influence or duress. (See Disability.) IMPRISONMENT . (See Dueess.) IMPROVEMENTS AND REPAIRS When allowed for. Lien for. INCUMBRANCES . Apportionment of.. Voluntary discharge of. Who compelled to remove. When debt is extinguished by. By whom to be paid or borne. Compulsory discharge of. INDEX TO ANALYSIS. 109 INFANTS 70 Jurisdiction as to. and extent. Acts when binding. " " not bindinsf. " " void, and Avhen voidable. Eight.-i, powers, and-duties of guardians of. Acts affecting them. Appointment, remoyal, &c., of guar- dians. Maintenance of. When regarded as a ward of chancery. How far courts will interfere witb. INJUNCTIONS ..... 47, 49 Definition of. Nature of. Writ of probibition is. What are common. " " special. When allowed before judgment. When after. To affect other courts. When granting is discretionary, (xrounds of jurisdiction for. When it must be prayed for. Preliminary steps for, before judgment. Assessment of damages caused by. Statutory enactments. Chief authors on. (See Judgments.) INSPECTION OP DOCUMENTS (See DocTJMEN'TS. ) 110 INDEX TO ANALYSIS. IlSrTERPLEADER 4=3,4.4 Definition of. In what cases it lies at ]aw. " " " " in equity. When it will not lie. EfEefit of. Bills in the nature of. Preliminaries for. Statutory enactments. ISSUES Of fact when ordered in equity. Of law when ordered. Trials of, in equity. Statutory enactments. (See Evidence.) JOINT CONTRACTS EfEect of. When held joint and seyeral. Power of each contractor in cases of. (See Paetkership.) JUDGMENTS 87 How enforced in equity. When enforced against equitable estates. When sale decreed in aid of. How far courts of equity control. Effect of foreign. " " at law. INDEX TO ANALYSIS. m JUDGMENTS {Continued.) When conclusive. When will be set aside. (See Decrees.) JUmSDICTION IN EQUITY Groniid'! and origin of. In win I. trilmnals vested. How divided. Difficuliy of defining extent. As to Linds, &c., in foreign countries. When in personam only. " " rem only. To wliat cases does concurrent embrace. " " " " auxiliary emln-ace. " " " " exclusive extend. Statutory enactments. (Sye Courts of Equity.) LACHES .... How regarded in equity. Effect of. (See LiHiTATiox.) LEASES (Sec Terms for Years.) LEGACIES ...... 2S Jurisdiction as to. Distinction between. 112 IJSIDEX TO ANALYSIS. LEGACIES {Continued.) Charge of. When revolved. When action at law will lie for. Cases of exclusive jurisdiction. " " concurrent jurisdiction. As to personal estate. " " real esi;ate. Construction of, in law and in equity. What are donations, mortis causa. Election between. Abatement of. Satisfaction of, when. Adoption of, when. To debtors. " creditors. Statutory enactments. (See Administkatiois", Makshal- IING.) LEGATEES When I'dieved in equity. Description of. How and when compelled to refund. Illegitimate. LIEN .... DeCnition of. In whose favor they exist. How created. Waiver of. Exient of. Against whom, and what. INDEX TO ANALTSI3. 113 LIEN — ( Continued. ) How enforced in equity. How discharged. How borne. Statutory enactments allowing. " " for enforcing. "When in favor of third persons. When not " " " " LIMITATIONS In what cases a bar. When not a bar. Effect of fraud on. " " mistake on. When begins to run. As regards trusts. Statutory enactments. (See Laches.) LUNATICS 71 Jurisdiction over weak-minded persons. Contracts by, when upheld. " " " notuphield. Extent of validity of acts of. How idiocy and lunacy tried. How their property conveyed. Maintenance of. How protected. Statutory enactments. (See Imbecility, Disabilitt.) MAINTENANCE . (See Champeett.) 8 114 , INDEX TO ANALYSIS, MANDAMUS Mandatory injunctiori. (See Injukctions. ) MAETIAL RIGHTS . Frauds on. MARRIAGE Withholding consent to. Contracts relating to, when valid. " " « « Toid. Conditions in restraint of. "When consent of court necessary to. Frauds in. MARRIAGE SETTLEMEITTS AND ARTICLES Execution of. How construed in equity. What may be settled by. Executory, how regarded. Post nuptial contracts. Ante nuptial contracts. When enforced in equity. " not enforced. Trustees in, how regarded. (See DowEH, Makriage, Married Women.) MARRIED WOMEN . , . . . 73, 73 Jurisdiction as to. INDEX TO ANALYSIS. 115 MAEEIED WOMW^— {Continued.) Separate property of. Eights of, at common law. " " by statute. Liabilities of. How far subject to control of husband. When support decreed. " alimony " Gifts and grants to and from husband. Eights and liabilities of. Capacities of. Separation of husband and wife. Divorces, kinds and nature of. Statutory enactments. (See DowEK, Makkiagb Settle- ments.) MAESHALLIISTG 31 When allowed. In cases of securities. " " " assets. " " " liens. " " " charities. Statutory enactments. (See ADiiisriSTRATioN.) MAXIMS, GENEEAL .... No right without a remedy. Equity follows the law. Necessity for vigilance. When equal equity the law prevails. He who seeks equity must do equity. Equality is equity. That which ought to be done, is resrarded as done. 116 INDEX TO ANALYSIS. MAXIMS, GBWERAJj—iConiinued.} PlaintiflF must have clean hands. In regard to mistakes.- Other leading maxims in equity. MISTAKE 10, 13 Definition of. When relief will be granted in. " not granted in. How mutual regarded. In matters of law. " « « fact. Concealment of errors. When statute of limitations begins to run on. In construction of written instruments In regard to foreign law. Of vendor as to value. In omission of acts. In cancellation or destruction of docu- ments. Money spent on others' property. (See AcciDBKT, Surpkise.) MOETGAGB 55, 56 How created. Nature of, in equity. " " equity of redemption. Rights of mortgagee. '' " mortgagor. Extinguishment of. Difference between mortgage and pledge. INDEX TO ANALYSIS. 117 MORTGAGE— ( Continued. ) Order of charging different parcels. Eedemption of. Mode of foreclosure. Concurrent remedy. Statutory enactments. Tacking of. (See Lien, Maeshallikg, Pledge.) NE EXEAT REGNO . . . . 77, 78 What it is. When it will lie. " " « not lie. Statutory enactments. NOTICE Kinds of. What is actnal, and what constructiye. Effect of. When priority of is not regarded. PARENT AND CHILD . How contracts between are viewed. Liabilities of parent for necessaries. When child liable for parent. When child may be removed from parent. Power of parent over infant child. 118 INDEX TO ANALYSIS. PAKTITION 33 When it lies. Grounds of jurisdiction. Difference between, at law and in equity. Equitable adjustments in. When it will not lie. Statutory enactments. PARTNERSHIP 33, 34 Jurisdiction in cases of. Rights of partners as between them- selves. Liabilities of, as to third parties. Remedies at law between partners. Contributions in. Duties of partners. Powers " " Dissolution of. Rights and duties after dissolution. Joint creditoi-'s rights. Separate creditor's rights. Statutory enactments. (See Account.) PEACE, BILL OP .... . 46 Nature of. When it lies. When not. Aniilogous cases of relief. PENALT-IES AND FORFEITURES , 69 Distinction between penalties and for- feitures." INDEX TO ANALYSIS. 119 PENALTIES AND 'EO'RFEITTJBMS— {Continued.) Jurisdiction in equity to relieve. When not relieved against, "When enforced. How regarded. Satutory enactments. PEEPETITATING TESTIMONY . . 79 Bill for, when it lies. Decree in case of. Publication of testimony. Statutory enactments. PLEDGE . (See MOETGAGE.) PORTIONS .... What they are. How and when payable. On what primarily charged. Power to raise, how construed. When double or not. Satisfaction of. POSSIBILITIES .... Assignment of. Statutory enactments. (See HisiBS and Expectants.) 120 INDEX TO ANALYSIS. POWER OF APPOINTMENT . When a trust. Construction of. By implication. Distinctions between. When a power of sale. How regarded by courts. Statutory enactments. (See PowEBS, Trusts.) POWERS How created. Defective execution of. Distinction between legal and equitable. When will equity not interfere. " " " interfere. - Who may execute. How construed under will. What are naked. When joint and several. Relief in cases of. Statutory enactments. (See Trusts, Trustee.) PREFERENCES TO CREDITORS Assignment giving. Order of. Secret, when void. When void. Statutory enactments. PRINCIPAL AND AGENT (See Agent.) INDEX TO ANALYSIS. 121 PRINCIPAL AND SURETY . Their peculiar relation. How regarded in equity. " " " law. When surety will be discharged. Surety substituted in place of creditor. Effect of delay. Relief in cases of. Stipulations between creditor and prin- cipal. Statutory enactments. (See SuBETiES.) PRODUCTION OF BOOKS AND PAPERS Bill of discovery for. PROFITS (See AppoRTiOKHEifT.) • o PROHIBITION, WRIT OP (See iNJUsrcTiON.) PROOFS 80, 82 (See Etidbncb.) 133 IM)EX TO ANALYSIS. PUBLICATION OF DEPOSITIONS Taken to perpetuate testimony, when. Taken de bene esse, when. To estahlish wills, when. PURCHASE . When deemed a trust. Joint. By partnership. By trustee or agent. Lien of a vendor. In name of another party. (See Tbust.) PUECHASER Who is deemed bona fide. Rights of bona fide. When bound to see application of pur- chase money. Protection of, when. When deemed trustee. Statutory enactments. QUIA TIMET, BILLS OF . . . 45 General principles which gOTcrn. General nature of. When they will lie. " " not lie. RAILWAYS . . . . , . 85, 86 Equity jiirisdiction oyer. INDEX TO ANALYSIS. 123 RAILWAYS {Continued.) Extent of control. " " restraint. Acts, how construed. Statutory enactments. (See CoEPORATioiirs, Injtj2S"ctios"S, Trustees. ) RECEIVER When, and how appointed. Power of. Rights and duties of. Statutory enactments. REGISTRY ACTS . Objects and policy of. Statutory enactments. (See Notice.) REDEMPTIOIf . (See MOETGAGE.) REMEDIES .... Kinds of. Dififerent in equity and in law. RENTS AND PROFITS .... 35 Grounds of jurisdiction in. 124 INDEX TO ANALYSIS. EENTS AND PEOFITS {Continued.) When exclusive in equity. (See Account.) REPAIRS On estates, when allowed for. When lien for, on real property. " " " " personal property. (See Lies.) RESCISSION OF DEEDS AND INSTRU- MENTS (See Canoellaxiok.) RESULTING TRUST (See Tbust.) REVERSIONERS AND REMAINDER- MEN (See Heiks and Expectants, Laches.) REVOCATION . (See Tkusts.) INDEX TO ANALYSIS. 125 SALE When decreed. (See Contracts, Lien, Specific Peeeormance. ) SATISFACTION 61, 62 What it is. What raises a question of. When presumption may be rebutted. In what cases applicable. (See Election.) SECUEITIES (See Debtors, Principal and Surety, Marshalling.) SET-OFF 74 At law. In equity. Of mutual debts and credits. Eqnitable debts. Independent debts or demands. Demands in different rights. Extent. Statutory enactments. (See Compensation, Tacking.) SETTLEMENTS (See Compromises, Marriage Settlements and Articles.) 126 INDEX TO ANALYSIS. SPECIFIC DELIVERY OF CHATTELS , When decreed in equity. Statutory enactments. SPECIFIC PBEFORMAJSrCE OF COIST- TEACTS 39, 41 When compelled in equity. Of personal acts, when decreed. General grounds for. When refused. In whose favor it lies. When remedy mutual. In cases of part performance. Compensation in cases of. Who affected by decree in. What defeats right to. How avoided. (See Fraud.) STATUTE OF FRAUDS . (See Fkauds, Statute of. ) STATUTE OF LIMITATIONS (See Limitations.) STATUTES INDEX TO ANALYSIS. 127 SUBSTITUTION . Of sureties in place of creditors. Who entitled to, under lien. SUPLICAVIT, WRIT OF . . . 77, 78 What it is. When grantable. (See Writ.) SUPPEESSIOlSr . Frauds by. (See Frauds.) SURETIES Contributions between. Rights of creditors and sureties. Concealments of facts from. When succeeds principal. Relief of, by bill quia timet. (See Priij'cipal and Stjeett.) SUEPLUS (See Charities, Mortgage.) SURPRISE ... Its meaning as used in equity. When presumptive of fraud. 128 INDEX TO ANALYSIS. SURPRISE {Continued.^ When a ground of jurisdiction. What will avoid deed. When consent is obtained by. (See Mistake.) TACKING Definition of. Grounds on which it is supported. To whom it is confined. Extent of. Limitation of. (See Notice.) TERMS FOR YEARS .... 54 Nature of. Trusts for. Charges on. TESTIMONY, BILL TO PERPETUATE . When it lies. When not. For whom it lies. Decree on. Statutory enactments. (See Publication'.) INDEX TO ANALYSIS. 129 TESTIMOXY, BILL TO TAKE DB BEXE ESSE WTien ib lies. Statutory enactments. (See Publication.) TITHES AND MODUSES What they are. Grounds of jurisdiction over. When equity will establish modus. Bill brought for and to fix boundaries. TORTS "When bill in equity wUl lie for. TRIALS . (See Issues.) TRUSTEE AND CESTUI QUE TRUST. 51, 53 Who may be trusree. Appointment of trustee. Acceptance of office of trustee. Their peculiar relation. Rights, powers and duties of trustee. Rights of cestui que trust. Liabilities of trustees. Accounls between. Judgment against trustee. Devolution or delegation of trust. 9 130 INDEX TO ANALYSIS. TRUSTEE AT^D CESTUI QUE TRUST {Con- tinued.) Acts of omission, when liable for. Losses, who must bear. Joint trustees, liability of. Power of courb over trustee. Profits, when allowed to trustee. When removed from trust. Compensation of trustee. Distinction between executor and trus- tee. Options of trustee. Acquiescence in a breach of trust. How viewed by courts. Statutory enactments. (See PowEES, Trusts, Will.) TRUSTS 51, 53, 66, 68 Definitions of. Divisions of. Extent of jurisdiction over. How regarded in equity. Express, what, and mode of declaring. " by what words created. " executed and executory. " what will be enforced. " what rules governed by. " revocableness of. " efiect of direction or power. " bar of. failure of. " when regarded as performed. Implied, or constructive, and how they arise. " in a power. " failure of. " when property is exhausted. INDEX TO ANALYSIS. 131 TETJSTS {Continued.) Implied, failure of objects of coiiTer- sion. Implied, charges by. " how regarded in equity. Eesultiiig defltiilion of. Voluntary, when enforced or not. Election and satisfaction. Liens in cases of. Of corporation funds for debts. Executory trusts, construction of. Kever fail for want of trustee. Power to appointment, when a. Power, when a. Option of cestui que trust. Statutory enactments. (See Adiiinistkation, Liek, PowiEES, Tbustee.) USES (See TRUSTS.) USES, CHAEITABLE . Legacies for. !No marshalling of assets for. (See Charities. ) VENDOR When specific performance decreed. When he is a trustee. Lien of, for purchase money. 132 INDEX TO ANALYSIS. VEKDOK {Continued.) "WaiTer of lien. Against whom lien exists. Continuance of lien. (See CosriBACTS.) VEEDICTS Fraud in, remediable in equity. VOID AND VOIDABLE . What acts capable of confirmation. WABDS (See IsTFANTs, Trustee. ) WASTE Eemedies in cases of. Account in cases of. Equitable. (See InrjuifCTiON-, AcoouiirT, Com- pensation.) WIDOWS . . . . Conditions restraining marriage by or to. (See Dower.) INDEX TO ANA.LySIS. 133 WILLS AND TESTAMENTS . . 59,60,75 Of real and personal property, difEer- ence in. Defective execution of, not remedied. When power in will be aided. Frauds in obtaining. Mistakes or omissions in. Bills to establish. Influencing testator. Frauds in suppressing. Practice in regard to establishing. General rules of construction. (See Powers, Election and Sat- isfaction, Admikistkation, Teusts.) TVPTTS IN" EQUITY MuDuaui'is. I'rohibitior,. De ration abilibus divisis. De perambulatione facienda. De dote assignanda. De lunatieo inquirendo. (See Injunction, Ne Exeat EEGNO, SUPLIOATIT.) WEITTEN INSTRUMENTS . (See Accident, Mistake, Discot- EKY, Documents, Conteacts, Frauds, Statute op.)