Equity and its Remedies

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Contents
CHAPTER I. ORIGIN AND NATURE OF EQUITY
A. HISTORICAL
B. EFFECT OF EQUITY GROWTH ON COMMON LAW
C. AN OUTLINE OF EQUITY.
CHAPTER II. EQUITABLE PARTIES
A. SUITS BETWEEN HUSBAND AND WIFE
B. SUITS BETWEEN PARTNERS
C. CERTAIN SUITS BETWEEN PARTIES HAVING OR CLAIMING INTERESTS IN A COMMON SUBJECT MATTER
CHAPTER III. SOME FEATURES OF EQUITY JURISDICTION AND PROCEDURE
A. PLAIN, ADEQUATE AND COMPLETE REMEDY AT LAW.
a. Its absence a basis of relief in equity.
b. Its presence as a defense to equitable pro- cedure.
c. Its presence in some cases immaterial.
d. As affecting procedure.
B. THE JURY IN EQUITY.
C. EQUITY ACTs in personam, NOT in rem
CHAPTER IV. THE MAXIMS
A. EQUITY WILL NOT SUFFER A WRONG TO BE WITH OUT A REMEDY
B. EQUITY FOLLOWS THE LAW.
C. WHERE THE EQUITIES ARE EQUAL, THE LAW WILL PREVAIL
D. WHERE INTERESTS ARE PURELY EQUITABLE AND IN OTHER RESPECTS EQUAL, PRIORITY IN TIME
GIVES THE BETTER EQUITY
E. EQUITY TREATS THAT AS DONE WHICH OUGHT TO BE DONE
F. HE WHO SEEKS EQUITY MUST DO EQUITY
G. HE WHO COMES INTO EQUITY MUST COME WITH CLEAN HANDS
H. EQUITY AIDS THE VIGILANT
CHAPTER V. SOME DOCTRINES IN EQUITY
A. ASSIGNMENTS
B. NOTICE
C. ESTOPPEL
1. Estoppel by Record
2. Estoppel by Deed
3. Estoppel in Pais
a. From Contract
b. Equitable Estoppel
D. EQUITABLE CONVERSION
CHAPTER VI. SOME SPECIFIC GROUNDS FOR RELIEF
A. ACCIDENT
B. MISTAKE
1. Excusable Ignorance of a Material Matter a. Mistakes of Law
b. Mistakes of Fact
2. Mistakes in Written Instruments
3. Relief Generally
C. FRAUD
1. Jurisdiction
2. Constructive Fraud
a. Apparent from the Bargain Itself. b. Presumed from the Circumstances of the Parties
c. Transactions Injurious to Third Per- Fraudulent Conveyance
d. Transactions Void as Against Public Policy
3. Remedies in Fraud
a. Remedies at Law
b. Remedies in Equity
CHAPTER VII. SPECIFIC PERFORMANCE OF CONTRACTS
A. AFFIRMATIVE CONTRACTS GENERALLY
a. Contracts about Land
b. Contracts about Chattels
c. Stocks and Bonds
d. Agreements to Arbitrate and to Give Options
e. Contracts Involving the Performance of Labor
B. NEGATIVE CONTRACTS GENERALLY
a. Involving Personal Service
b. Limiting the Use of Property
c. Agreement not to Compete:
1. Express agreements;
2. Agreements implied from sale of good will
C. RELIEF FOR AND AGAINST THIRD PERSONS. a. Legal Easements.
b. Certain Covenants Running with Land. c. Restrictions or Equitable Easements.
D. STATUTE OF FRAUDS-PART PERFORMANCE. E. PARTIAL PERFORMANCE.
F. TIME THE ESSENCE OF THE CONTRACT. G. MARKETABLE TITLE.
H. MUTUALITY.
I. NECESSITY AND ADEQUACY OF CONSIDERATION.
J. SUNDRY DEFENSES AND INCIDENTS OF THE REMEDY.
CHAPTER VIII. INJUNCTIONS.
A. GENERALLY.
B. RESTRAINING LEGAL PROCEEDINGS AND JUDGMENTS.
C. RESTRAINING ILLEGAL ACTS
CORPORATION OFFICIALS
CHAPTER IX. INJUNCTIONS-SPECIFIC REPARATION AND PREVENTION OF TORTS
A. WASTE
B. TRESPASS AND DISTURBANCE OF EASEMENTS
C. NUISANCE
D. INFRINGEMENT OF PATENTS, COPYRIGHTS AND TRADEMARKS. UNFAIR COMPETITION
E. INTERFERENCE WITH BUSINESS OR CONTRACT
CHAPTER X. PECUNIARY RELIEF IN EQUITY
A. ACCOUNTING
B. EXONERATION
C. CONTRIBUTION
D. SUBROGATION
E. MARSHALING
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Author Details
Charles Neal Barney