He argues that men having no free will have really no desert; therefore the divine equity must ultimately distribute happiness in equal shares to all; therefore I must ultimately increase my own happiness most by conduct that adds most to the general fund which Providence administers.
Therefore, I saw that here was a sort of interregnum in Providence; for its even-handed equity never could have so gross an injustice.
The real beginning of English equity is to be found in the custom of handing over to that officer, for adjudication, the complaints which were addressed to the king, praying for remedies beyond the reach of the common law.
Where a man bargained and sold his land to another for pecuniary consideration, which might be merely nominal, and need not necessarily be actually paid, equity held the bargainor to be seised of the land to the use of the bargainee.
To give any account, even in outline, of the subject matter of equity within the necessary limits of this article would be impossible.
Cases in law and equity arising under the Constitution, the laws of the United States and treaties made under their authority; 2.
He was called to the bar in 1858, and, in addition to his practice in equity cases, soon began to distinguish himself as an effective contributor to the higherclass reviews.
For a long time it was thought that precedents could have no place in equity, inasmuch as it professed in each case to do that which was just; and we find this view maintained by common lawyers after it had been abandoned by the professors of equity themselves.
C. io) defines equity as a better sort of justice, which corrects legal justice where the latter errs through being expressed in a universal form and not taking account of particular cases.
Between this point and the time when equity became settled as a portion of the legal system, having fixed principles of its own, various views of its nature seem to have prevailed.