Page:The Green Bag (1889–1914), Volume 13.pdf/57

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34
The Green Bag.

But with all their involution in mere phraseology Lord Eldon's decisions, which extend through thirty-two volumes of re ports, are, in substance, monuments of learning, acumen and the practical applica tion of equity. His judgments were seldom

to the remedy of specific performance, and the exemplary liberality with which he con strued charitable bequests. Like many of his contemporaries, Eldon had very crude ideas of trade; the extent to which he pushed the ancient doctrines of

SIR JOHN LEACH.

appealed from and hardly ever reversed; and, except where the law has since been altered by statute, time has not materially impaired their authority. Out of the vast body of his work, covering the whole equita ble jurisdiction, it will suffice to call particu lar attention* to the refinement and precision which he gave to the administration of estates in chancery and in bankruptcy, to the equities of mortgagors and mortgagees.

forestalling and regrating seems, in this day, ridiculous. For instance, the case of Cous ins i'. Smith, 13 Ves. 542, contained the germ of the modern "trust. It appeared that, according to the usual course of the trade, fruit was imported largely in excess of the demand, and. in consequence of the risk from the perishable nature of the commod ity, a society, called "The Fruit Club. was formed for the purpose of making purchases