Page:Black's Law Dictionary (Second Edition).djvu/441

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Ellis v. Davis, 109 U. S. 435, 3 Sup. Ct. 327, 27 L. Ed. 1006.

"The meaning of the word ‘equity,’ as used in its technicai sense In English jurisprudence, comes back to this. that it is simply a term dl‘5ll'ip[iV€ of a certain field of jurisdiction ex- eimised. in the English system, by certain courts, and of which the extent and boundaries are not marked by lines founded upon inciple so much as by the features of the original constitution of the English scheme of remedial law, and the accidents of its development." Bisp. Eq. § 1.1.

A system of jurisprudence coilnterai to, and in some respects independent of. "law." prop- erly so called; the object of vihich is to render the ndministiuiiuu of justice more complete, by iilfording relief where the courts of law are icnompetent to give it, or to give It with ciIect, or by exercising certain branches of jurisdiction independently of them. This is equity in its proper modern sense; an elaborate system of rules and process. administered in many cases iy di. inct tribunals. (termed “courts of chacnerv,") and with exclusive jurisdiction over certain subjects. It is “still distinguished by its original and animating principle that no right should he without an adequate remedy," and its doctrines are founded upon the same basis of natural justice; but its action has become systematized. deprived of any loose and arbitrary chnracter which might once have belonged to it and as carefully regulated by fixed rules and precedents as the law itself. Burrill.

Equity. in its technical and scientific legsl use, menus neither natural justice nor even all that portion of natural justice which is susceptible of being judicially enforced. It has a precise. limited, and definite signification, and is used to denote a system of justice wbich was administered in a particuiar court.—ths English high court of chancery,—wliicli system can only be understood and erplnined by studying the history of that court, and how it came to exer- cise what is known as its extraordinary juris- diction. Bisp. Eq. § 1

That part of the law which, having power to enforce discovery, (1) dministers trusts, mort- gnizes, and other fiduciary obligations; (2) ad- ministers and adjusts common-I w rights where the courts of common law have no machinery; (3) supplies a specific iind preventive remedy

r common-' w wrongs where courts of com- [!3(llll.]4lllW only give suhsequent damages. C-hute,

—-Equity, courts of. Courts which Bdlliillisr ter justice according to the system of equity, and according to a peculiar course of pl‘0(‘CdiiI'e or practice. Frequently termed "courts of chacncry." ‘See 1 Bl. Comm. 92.—Egui ' ' diction. This term includes of only the ordi- niry meaning of the word "juriscliction.” the power residing in a court to hear and determine an action, but also D. consideration of the cases a_nd occasions when that power is to be exer- cised, in other words, the question whether the action will lie in equity. Anderson v. Carr. ti’) lliin, 170. 19 N. Y. Supp. 992: People v. Mc- Kune, 78 Hun, 15-1, 28 N. Y. Supp. 9S1.—Eq- nity jurisprudence. That poriion of remedial justice which is . .' y ' ’ ' PM by courts of equity, as distln,-zuisiied Erom courts of (‘nl]'II'IJ()Il law. Jackson v. Nimmo, 3 Les (Tenn.) 6OD.—Equity of a. statute. By this phrase is intended the rule of statutory construction which admits within the operation of a statute a class of cases which are neither expresslv n.-imed nor excluded, but which. from their anal- ogy to the cases that are named, are clearly iind justly within the spirit and general meaning of the law; such cases are said to be “within the equity of the statute."—Equity term. An equity term of court is one devoted exclusively to equity business, that is. in which no criminal (E11505 are tried nor any cases rcqui in: the impaneling of a jury. Hesseigrave v. State, 63

Bl.Law Dict.(2d Ed.)—28



Nab. 807, 89 N. W. 295.—Na.tura.1 equity. A term sometimes employed in works on jurisprudence, possessing no very precise meaning, but used as equivalent to justice, honesty, or morality in business relations, or mzi_u's innate sense of right dealing and fair play. Inasmuch as equity, as now administered. is a complex system of rules, doctrines, and precedents, and

ossesscs, within the range of its ouii fixed principles, but little more elasticity than the law, the term "naturai equiw" may be understood to denote. in a general way. that which strikes the ordinary conscience und se so of justice as being fair, right, and eqiiitaihie. in ail- vunce of the question whether the twchnicai ju- risprudence of the chancery courts viuuld so re- gard it.

5. Equity also signifies an equitable right. I. e., a right enforceable in a court of equity; hence. :1 bill of conipiiilnt which did not show that the plaintiff had a right entitling to relief was said to be demurrnble for want of equity; and certain rights now recognized in all the courts are still liumvn as ‘cqullie-s," from having been originally recoguizeil only in the court of chancery. Sweet.

—Better equity. The right which. in a court of equity, in second iDC|}IDll'l'€I' has uiio has taken sccufities against subsequent dealings to his prejudice, which a prior ll.\(3IIlJlbl.'flIl\.tA neglected to take although he iind an opportunity. 1 Ch. Free. 470, note; Bouv. Law Dict. See 3 Bouv. Inst. note 24u2_—cnuntex-waning F equity. A contrary and hniancing equity; an equity or right opposed to that which is sought to be enforced or recognized, and which ought not to be sacrificed or subordinated to the latter, because it is of equal strength and jiistice. and equally deserving of consideration.—I.atent or secret equity. An equitable claim or G right, the knovi ledge of which has been confined to the parties for und against whom it exists. or which has been concezilod from one or several persons interested in the subject-mntter.—Perfeet equity. An equitable title or right Wilil"il iacks nothing to its completeness as a legal title or right except the formal conveyance or other H invcstitiire viliich would make it cognizable at law; particularly, the equity or interest of ii purchaser of real estate who has paid the pur- chnse price in full and fulfilicd all conditions resting on him but has not yet received :1 dead or patent. See Shaw v. Liudsev. G0 -‘\in. 34-} Smith v. Coekreli. 66 Ala "' —-Equity of partners. A term used to desi unto the right of each of them to haie the firms property applied to the payment of the firm‘s dcbts. ‘ - Well v. Bank, 16 R. I. 288, 17 At]. 913.—Equity of redemption. The right, of the mort- gagor of an estate to redeem the same after it has been forfeited, at law, by a hreach of the condition of the mortgage. upon paying the amount of debt. intcrtvsl, and costs. Navassa Guano Co. v. Ricliardson. 20 C. 4 ?-07: Scllwnod v. Gray, 1 Or. 534. 5 Pac. 1'|i5‘ Pace v. Battles. 47 N. J. Eq. 170. ‘_‘0 At]. 3'32; Simons v. Bryce, 10 S. C. .-l’i‘.!.—Equ:ity to B

  • “ I The ' right of a wife.

when her husband sues in equity for the reduction of her equitable estzite to his own pussession, to linve the vihoie or a portion of such estate settled upon herself and her child--n. Also a similnr right now recognized by the eoiiity courts as directly to be asserted against ‘b husband. Also called “wife’s equity. Poindexter v. Jeffiies. 15 Grat. (V'n.) 393; glarke v. McCreory, 12 Sinedes & Iii. (Miss)




Equity delights to do justice, and that not by halves. Tallmsin v. Varicic. 5 Barb.

(N. 1.) 277. 2so; Story, Eq. r1. 5 72 M