None
bonds and transactions in fraud of marriage, 266-273 contracts in fraud of public rights and duties ,.294 contracts for sale of offices, 295 contracts to suppress criminal prosecutions, 294 contracts of wager, 294, 303 confirmation, 306 relief where parties are participes criminis, 297-300 fraud on third parties, 237, 343, 382-391 fraud on creditors, 352-371, 369, 378-381 fraud on subsequent purchasers, 352, 425, 426 unconscionable and improvident bargains, 237, 244-251, 331, 334-348 protection of purchaser for value without notice, 369b, 381, 410, 436 from fiduciary relationship, parent and child, 309 legal adviser and client, 219, 310-313 medical adviser and patient, 314 spiritual adviser and penitent, 323 master and servant, 323 principal and agent, 315, 316 guardian and ward, 313, 317-320 trustee and beneficiary, 310, 321, 322, 1261 in case of directors, 323a in case of promoters, 323a PEEIGHT to be earned, assignment of, 1055 GAMING- contracts, arising from, 294 securities to secure losses by, 303 GENBEAL AVEEAGB, 490, 491 GIFTS by client to solicitor, 310-313 in prejudice of creditors, 353, 375 GUAEANTY, avoided by concealment of material facts, 215, 383 GUAEDIAN, appointment and removal of, 1338-1342 statutory jurisdiction, 1342a powers in respect of ward, 1340 dealings with property of ward, 488 note, 1366, 1357 dealings between, and ward, in regard to property, 317-320 foreign guardians, jurisdiction over, 1361b HEIELOOMS, specific delivery of, 709 injunction to secure preservation of, 956 HEIES AND EXPECTANTS, agreements of, to share estate between themselves, 265 bargains with, 334-348 statutory modification, 338o remedy irrespective of age, 335 sale by auction as evidence of value, 347 confirmation of, 345, 346 marshalling of assets, with respect to, 570 INDEX-. INSANITY defined, 230 of partner, cause for dissolution, 673, 673a INSPECTION of deeds and instruments, 704, 704a INSUBANCE, mistake in policy, 158 duty of disclosure, 216 INTEEEST on mortgages, apportionment of, 479 keeping down, 487, 488 INTERPLEADER at law, 801-805 jurisdiction in equity, 806-824 affidavit of no collusion, 809 present practice, 824o INTOXICATION, definition of, 230 equitable relief in cases of, 230-232 INVENTIONS, patented, infringement of, 930-934 INVENTORY in ecclesiastical courts, 537 in favour of legatee, 604 JOINT TENANTS, accounts between, in equity, 466 contribution between, 505 lien for expenditure, 1234-1237 JOINTRESS, equity of, 1504 discovery of title, 707, 1504 when entitled to lien on land, 1249 JUDGMENT, at law, form of, 26, 27, 76 when a lien, 1216 marshalling securities, 6336 fraud in obtaining, effect of, 252 LACHES. See Limitations, Statutes op. discountenanced in equity, 64a, 629 effect of, in cases of specific performance, 771, 776 in cases of suretyship, 324-326 LAND, equitable doctrine of conversion, 790-793 verbal contract respecting, 752-768 charge of debts and legacies on, 552-555 LAPSE OF TIME, how it affects equitable rights, 64o, 326, 529, 771, 776 INDEX. 659 LEGACY, conditional on claim, 93 fraud in prevention of gift, 256 gift or revocation of under mistake, 179 assent of executor to, when required, 539, 540, 591 jurisdiction of ecclesiastical courts, 536-639, 590 of common lavr courts, 539, 591 of court of chancery, 592-608 securing assets for payment of, 541, 603 securing settled legacy, 604 marshalling of assets, 565-570, 573, 574 in case of charitable legacies, 569, 1180 construction of, 1067-1073 election in cases of, 1076, 1077, 1080 satisfaction or constructive ademption of, 1109-1123 refunding, 503, 1251 LETTEES, injunction to prevent publication of, 944-949 LIEN, definitions of, 506, 1215, 1216 when lost at law, 1216 equitable jurisdiction in cases of, 506, 1217 of vendor, for purchase money, 506, 1217-1233 applies to equitable interests in settled personality, 1222 in favour of his personal representatives, 1227 against persons claiming under vendee, 1228, 1229, 1231-1233 waiver of, 1224-1226 of purchaser, 506, 1234, 1236, 1237 by deposit of title deeds, 1020 by deposit of money for special circumstances, 1231 on land, by covenant, 1231, 1249 in favour of jointress, 1249 of partners, 1243 of part-owners of ship, 1242 contribution between purchasers, 484 of joint creditor on partnership assets, 1253 of creditor of one partner on partnership assets, 677 of creditors under charge of debts, 1244-1247 for repairs and improvements, 1234-1239 for work on personal property, 506, 1240 enforced by sale in equity, 1216a LIMITATIONS, STATUTES OP, in equity, in the case of legal demands, 529 in the case of equitable demands, 64o, 629 in the case of mortgages, 1228a, 1228!) MS PENDENS as constructive notice, 406-407 registration of, 406 alienations pendente lite, injunction restraining, 906-908 LOST INSTEUMENTS, equitable relief, in the case of lost deeds and bonds, 81-84, 87 in the case of negotiable securities, 85, 86 proof of loB8 esaential, 88 660 INDEX. LUNACY, jurisdiction of Court of Chancery, 1364, 1364a of chancellor, 1335, 1386, 1362-1365 of lords justices, 1362, 1364 over foreign lunatics, 1365a procedure on inquisition, 1864, 1365 definition of, 230 contracts of lunatics, 222-230 of mentally deficient, 222, 284, 237, 238 doctrine of civil and Scottish law, 239 note maintenance of lunatics, 1364, 1364a MAINTENANCE AND CHAMPERTY, defined, 1048-1066 effecfon contracts and assignments, 294, 1048, 1049 MAINTENANCE of infant, 1854-1865o apportionment in cases of, 479 of lunatic, 1364, 1364a of wife, 1421-1426 MAERIAGE, consent to, provisions requiring, validity and effect, 257, 258 contracts and conditions in restraint of, 274-290 in restraint of second marriage, 285 marriage brokage contracts, 260-263 assisting, in elopement , 264 promoting, rewards for, 266 separation, conditions for promoting, 291 separation deeds, 1427 MARRIAGE SETTLEMENT AND ARTICLES, fraudulent agreements to defeat marriage settlements, 267-273 executed and executory provisions, construction of, 983-985 marriage articles, who may enforce, 986, 987 what may be settled, terms of years and personalty, 968, 990 estates pur autre vie, 989, 990 trustees to preserve contingent remainders, 991-996o marriage settlement, reforming by articles, 159, 160 MARRIED WOMEN, rights and liabilities at law and in equity, 1366-1370 her separate property in equity, 1872, 1378-1380, 1391-1398 restraint on anticipation, 243, 1429o dispositions of. 1391-1897 in favour of husband, 1395, 1396 contracts of in equity, 1872, 1378-1880, 1391, 1392 separate trading, 1385-1387 frauds of, 243, 385 defective execution of power by, 97 gifts from husband to wife, 1374-1377 maintenance or alimony in equity, 1421-1426 separation deeds, their validity, 1427, 1428 equity to a settlement, 1402-1420 in the case of foreigners, 1409 who may assert, 1417 against whom, 1410-1414 when waived or lost, 1416-1419a Married Women's Property, Acts, 1429o INDEX. MORTGAGE— comtjnued. of land, a pledge in equity — continued. form of, 1018, 1019 equitable by deposit of deeds, 1020 power to make, 1022-1027 to secure further advances, 1020 of personalty, 1021, 1030-1035a priority by notice, 1035a, 1047, 1047a marshalling assets and securities, 559-568, 633-645, 1028 tacking, 412-421, 1004, 1012-10165, 1034 in Roman law, 1005-1011 redemption, 1023 within what time, 1028a foreclosure, 1024-1029 within what time, 1028!), 1031 sale, when decreed, 1023b, 1025, 1026, 1027o power of, 1027 merger on payment off, 486 contribution to discharge, 483, 484, 487 apportionment of interest, 479, 487, 488 concealment of, 208, 393 MORTMAIN, STATUTES OF, 1193 NE EXEAT REGNO, origin and nature of, 1464-1467 in what cases granted, 1468-1475 in the case of foreigners, 1475 modern statutory practice, 1475o NOTES, LOST, equitable relief in cases of, 85, 86 NOTICE statutory definition of, to bind purchaser, 4006 actual, constructive or imputed, 399-400a, 408 effect of Registry Acts as, 397, 398, 401, 402 effect of Us pendens, 405, 406, 407 time at which notice must be received, 400c protection of purchaser with notice, from a purchaser without notice, 409-411 conveyance, from a trustee, 395 with actual notice of adverse rights, 396, 400a, 400b with constructive notice, 399, 400, 400a, 400b with imputed notice, 400a, 400b, 408 in cases of tacking, 412-421 in dealings with trustees, 395, 422, 423 as affecting priority of equitable assignments, 1035a, 1047, 1047a NUISANCE, remedy at law, 924, 925 remedy in equity, 921-927 public, 921-924, 926a private, 925-927 OBLIGATIONS in Roman law, 2 OFFICES, sale of, illegal, 295 INDEX. PATENTS FOE INVENTIONS, infringement, injunction to restrain, 930-936 PEACE, BILL OF, nature of and remedy, 8S2-860 PENALTIES AND FOEFEITUEES, distinction between penalty and forfeiture, 1319, 1320 penalties, jurisdiction to relieve against, 89, 1301-1318 forfeitures, jurisdiction to relieve against, 1321-1324 statutory relief against, 1324o, 1324b waiver of, 1325, 1325(i statutory penalties and forfeitures, 1326 discovery in cases of, 1494, 1509 PBEPBTUATING TESTIMONY, bill for, 1505-1512 for whom, 1509, 1510 against purchaser, 1510 form of decree, 1512 publication of testimony, 1516 PEESONAL ESTATE primary fund for payment of debts, 571-577 PLEDGE, of assets by personal representative, 580, 581 of personal property, account in cases of, 506 redemption, 1030-1035 tacking, 1035o POLICY, PUBLIC, in cases of constructive fraud, 260, -807 in cases of family arrangements, 121, 129, 131, 132 POETION, power to raise, construction of, 1061-1065 double portions, doctrine of, 1099, 1100, 1109-1114 satisfaction of, 1109-1114 election in cases of, 1074-1096 POSSESSION, delivery of, injunction for, 959 POST-NUPTIAL SETTLEMENT, validity of, 372-374 POST-OBIT BONDS, definition of, 342, 343 relief against, 343, 344 their validity when sold by auction, 347 POWEE, when fiduciary, 1061 when personal, 1060-1062 survivorship of, 1061, 1062 to sell, by implication, 1060, 1063-1064o execution of, how affected by mistake, 95, 112, 160-376 defective, 95, 169-179 when aided, 94-98, 169, 170-176, 177 to raise portions, 1064-1065a fraudulent and illusory appointments, 252, 255-255!* non-execution, 94, 169, 170 INDEX. (i()5 PRAETOR, his equitable jurisdiction in Roman law, 5 value of precedents in his court, 18 PRECATORY TRUSTS defined, 1068-1074 PREFERENCES, in the administration of estates, 553-558, 571-574a in partnership cases, 675, 676 in the cases of bargains with creditors, 378, 379 priority by notice, 1047, 1047 o PRINCIPAL AND AGENT, fiduciary relation between, 315, 316, 316a duty of agent to keep accounts, 468 to keep his principal's property separate, 468, 623 bill for account, 462-469 discovery in cases of account, 450 PRINCIPAL AND SURETY, ♦he contract, 492, 498, 502a fiduciary relation between, 215, 324-327 duty of disclosure, 215, 324 right of surety, to compel principal to pay debt, 327 to an assignment of securities, 327, 499-499c, 502, 638 to be subrogated to the creditor, 327, 502 to contribution from co-surety, 492, 493 by bill quia timet, 730, 849 in Roman law, 494, 500, 501 discharge of surety, by act of creditor, 324-326, 498o PRIORITY. PURCHASE. See SALE OP LAND, by trustee, 321, 322, 1211 by person in a fiduciary relation, 307-320, 322, 323, 1211o in the name of a child, 1202-1205 of a wife, 1204 of a third person, 1196-1202 joint purchases, 1206, 1207, 1234, 1236 by partners, 1207, 1207a from executor, 422, 579-581 PUECHASEE, liability for application of purchase money, in cases of personal property, 1128, 1129 in cases of real estate, 1124-1127, 1130-1134 without notice, protection of, generally, 64c, 169, 176, 381, 409-411, 630 in cases of accident, 108 in cases of discovery, 1502-1504, 1570 in cases of mistake, 139, 165 in cases of execution of powers, 169 in cases of legal title, 630 exception of lis pendens, 406 exception of dower, 630 PUEPRESTUEES, remedy in equity, 921-924 QUIA TIMET, BILL, general principles governing relief, 701, 710, 730, 825-851 general nature of, 826-828 in cases of suretyship, 849 as to present interests, 827, 828, 844 as to future interests, 827, 828, 843-848 to prevent waste, &c., pending suit, 851 by requiring payment or transfer into court, 827, 828, 839, 842 by requiring security, 845, 846 by appointment of receiver, 827-832, 834 against terre-tenant, 835 against executors or trustees, 827, 828, 836 in partnership cases, 672 where there are incumbrances, 830, 837 effect of appointment, 829, 831, 833, 833a RECBIVEE, when and how appointed, 827-838 aaginst terre-tenant, 835 against executors and trustees, 827, 828, 836 in partnership cases, 672 where there are incumbrances, 830, 837 effect of appointment, 829, 831, 833, 833a EECOMMENDATION, WORDS OF, when they create a trust, 1068-1074 EEFORMING DOCUMENTS. See MISTAKE, contracts, 134, 153, 153o deeds, 169, 160, 7066 REGISTEATION, notice by, 401, 402 object and policy of Eegistry Acts, 397, 398, 401, 402 INDEX. 667 BELEASB, effect of mistake, 112, 145 effect of concealment of facts, 217 by partner in fraud of co-partners, 681 EEMAINDEBMAN. See EEVEESIONEES, when relieved against dealings, 334, 340 apportionment of incumbrances between, and tenants for life; 487 EENTS AND PEOPITS, apportionment of, 475-479 account of, jurisdiction to grant, 508-514 from a tenant by elegit, 510 from intruder, 511 from "■ trustee, 512 in cases of dower, 512, 625 in case of heir or devisee, 512 in cases of partition, 655 in cases of tort, 513 power to raise sum in gross out of 1064, 1064a EEPAIBS on estates, when allowed for, 1235-1239 lien for, 1235-1239 EBSCISSION OP DEEDS AND INSTEUMENTS, when decreed, 692-705 distinction between void and voidable instruments, 694-700 in cases of fraud, 695 effect of public policy, 695 against conscience, 695 where object satisfied, 701 terms upon which decreed, 696, 707, 997 EESTEAINT OF MAEEIAGE, contracts and conditions when void or not, 274-290 EESTEAINT OP TEADE, contracts for, 292 EESULTING TEUST, from conveyance without consideration, 1197, 1198 from the acts and transactions of the parties, 1195, 1196 from failure of object of trust, 1196a, 1200 from payment of consideration, 1201-1206 when fraud on a statute, 1201a EEVEESIONEES, where relieved against fraud and catching bargains, 334-340 age immaterial, 335 doctrine of Eoman law as to, 341 EEVOCATION of voluntary trust, when effective, 972, 1036a, 1045, 1196 668 IKDEXL SALE OP LAND. See SPECIFIC PEBFOEMANCE, contract for, constitutes fiduciary relation, 789, 790 vendor's lien, 1217-1233 in whose favour it exists, 1227 when waived or lost, 1224-1226 against whom it exists, 1227, 1228, 1233 specific performance of contract for, 712-793(1 to satisfy liens, 1217, 1218 trusts or powers for, 1060-1062 to raise sum in gross out of rents and profits, 1064, 1064a when implied in power to mortgage, 1064a SATISFACTION, what it is, 1099 distinction between, and performance, 1106, 1107 matter of rebuttable presumption, 1100-1102 satisfaction of money by land, 1102, 1103 of land by money, 1102, 1103 of land by land of another tenure, 1103 where gifts are ejusdem generis, 1104, 1105 of portions secured by settlement, 1109 of portions secured by will, 1109-1115 of legacies, when, 1110-1122 of debts by legacies to creditors, when, 1109, 1119 1123 the civil and other laws respecting, 1108 SECUEXTIES, marshalling and priorities of, 633-645 SBPAEATE ESTATE of wife, 1378-1381, 1384-1398, 14290 SEPAEATION deeds in favour of, validity, 291 of courts of common law and equity, 34 abolished, 84 SBQUESTEATION, effect of, in equity, 833 SET-OFF at law, 1483-1435, 1487 in equity, 1430-14376 where there are cross demands, 1436a of mutual debts and credits, 1431 of joint and separate debts, 1437 of equitable debts, 1436, 1437 how affected by statute, 1444a need not be specially claimed, 1440 in the civil law, 1438-1444 SETTLED ACCOUNT, when it will be opened, 523-529 SETTLEMENT, injunction against assertion of a title to its prejudice, 64 underhand agreement to defent, avoided in equity, 267, 268 mistake in, when rectified, 159, 160 in fraud of marital rights, 273 post-nuptial, when valid or not, 372-374 voluntary, 7066 equity of wife to a, 1402-1419o, 1424 INDEX. STATUTE OF PBAUDS referred to, 158, 330, 374, 752-782, 972, 1198 STATUTES OF LIMITATIONS referred to, 64a, 529, 1228a, 12286 SUBPCENA, invention of this writ, 38 SUBROGATION in Boman law, 567, 635 SUBSTITUTION in Soman law, 567, 635 of sureties to creditors, 327, 502 adopted froto civil law, 567, 635-637 to a lien, of legatees and assignees, 1227-1229 SUPPLICAVIT, when grantable, 1476, 1477 SUPPRESSION OF DEEDS, frauds by, 252 SURCHARGE AND FALSIFY, meaning of these terms, 525 SURETY. See PRINCIPAL AND SURETY SURPRISE, its meaning as used in courts of equity, 119, 120, 251 when consent obtained by, 222 when mixed up with mistake, 117, 251 TACKING, Lord Hardwicke's account of its origin, 415 unknown in Roman law, 420 definition of, 412 its hardship, 413 grounds on which it is supported, 414-416, 42(1 confined to purchasers for value without notice, 416, 421 money must be lent on the credit of the land, 416-418 both securities must be held in same right, 418, 419 tacking against heir, 418, 419 in mortgages of personal property, 1034, 1035 TEEMS OF YEARS, on special trusts, 998-999a nature of, 998, 999 how they follow the inheritance, 998, 999 merger of in inheritance, 999o TESTIMONY, BILL TO PERPETUATE, when it lies, 1505-1513 against a purchaser, 1610 title of plaintiff to maintain, 1506, 1511 where immediate proceedings may be instituted, 1508 practice on, 1512, 1516 objections to such testimony, 1507 INDEX. how created, in the case of powers, 98, 1061 in the case of charities, 1165-1170 by vague and indefinite expressions, 1073, 1156-1157, 1183 by purchase from trustee, 533, 1257, 1264 by voluntary assignment from trustee, 533 by purchase by agent or person in a fiduciary position, 308-320, 323, 323o, 1211a failure to appoint a trustee, 1059, 1060 the trustee, powers, rights and duties of, 977-979, 1267-1269 duty of provident management, 1275, 1276 preservation of trust funds, 1269, 1270 deposit of money with bankers, 1269, 1270 duty of trustees to preserve contingent remainders, 991-996a liability for improper investment, 1271-1274 when chargeable with interest, 1277, 1278 liability for wilful default, 1284b beneficial dealings affecting trust estate, 322, 1211, 1263, 1264, 1277 liability for acts and defaults of co-trustee, 1280-1284o, 1284c dealings between, and beneficiary, 310, 321, 322, 1261 compensation for time and trouble, 322, 1268 statutory protection of, 975, 1272 duty to account, 465 removal of, 1287-1289 appointment of new trustees, 1062, 1287 failure of trustee, 1059-1062 failure of trust, 1183,. 1196b, 1208 liability of purchaser from, 533, 1124-1135a, 1257, 1264 the beneficiary, objection to expression cestui que trust, 321 note right to conveyance on becoming absolutely entitled, 979 option on improper investment to take interest or income, 1262 for creditors, when revocable, 972, 1045, 1196 TURPITUDE, contracts growing out of, 296-301 UNDUE INFLUENCE, contracts voidable for, 234-239 USES, administration of, as foundation of jurisdiction of Court of Chancery, 40, 48, 49 charitable, jurisdiction over, 1142-1155 USUEY, equitable remedy upon usurious contracts, 64e, 301, 302 VENDOE. See SALE OP LAND; SPBCrFIC PERFOEMANCE VOLUNTEERS, not generally assisted in courts of equity, 176, 706a, 706b, 787, 793«, 973 987 under voluntary settlements, 352-371, 374 purchasers from, 425, 426 in cases of defective execution of powers, 95, 176 in the case of creditor's trust deeds, 972, 1045, 1196 WAGEE, contracts of, when void, 294, 303 INDEX. KF 399 S88 1920 Author A.E. Randall Vol. TiiJc Copy Story on Equity ^ 3rd Ed Date Bonowec's Name. 