CONSTITUTION OF THE UNITED STATES, PROVISIONS OF, AS CONSTRUCTIVE TRUSTS, 20, 91-95. trustee cannot acquire rights antagonistic to cestui qui trust, 92. trustee cannot buy at his own sale, 94. other constructive trusts, 95. may arise under contracts, 95. do not fall under the statute of frauds, 95. CONTRACTS BETWEEN HUSBAND AND WIFE, 114. CONTRIBUTION, 27, 328-330. most frequent in case of sureties, 328. none at law originally, 329. general rules as to, 330. between realty and personalty in decedents' estates, 349. COPYRIGHT, INJUNCTIONS IN CASES OF, 450–452. none at common law after publication, 450. in this country depends on Acts of Congress, 451. piracy, 452. none in immoral publications, 453. CORPORATIONS, INJUNCTIONS TO RESTRAIN DESTRUCTIVE TRESPASS BY, 437. nuisance by, 443. jurisdiction of equity over, by injunction, 465. CORRECTION. See REFORMATION. COUNCILS OF THE KING, 3. COUNTY COURTS IN ENGLAND, 4, 5. COURT OF CHANCERY, ORDINARY JURISDICTION OF, 7, note. CONVERSION, 307–321. general nature and extent of the doctrine of, 307. may take place either under a trust or under a contract, 309. what language is necessary to effect a, 310. in what ways a trust for, may be imperative, 311. question one of intention, 312. contract to work a, must be binding, 313. general results of, 314. CONVERSION-Continued. qualifications, 314. failure of purposes of, 315. resulting trust, 315. "out and out," 317. doctrine in the United States on this subject, 318. under instruments inter vivos, 319. time from which it takes place, 320. under optional contracts, 321. CONVERSION AS APPLIED TO PARTNERSHIP REAL ESTATE, 511. in the United States, 512. qualifications of the rule as to, 513. COVENANTS FOR FURTHER ASSURANCE, SPECIFIC PERFORM- COVENANTS, SPECIFIC PERFORMANCE OF NEGATIVE, 398. instances in which injunctions have been issued, 463. negative quality imported into affirmative, 464. no interference quia timet in certain cases of, 572. CREDITORS BILLS, 33, 525–528. are of two classes, 525. against a debtor during lifetime, 526. supply the deficiencies in common law executions, 527. in the nature of an equitable levy, 527. of the second class. [See ADMINISTRATION SUITS], 528. CREDITORS, FRAUD ON. [See FRAUD], 240–249. CRIME, DISCOVERY AS TO, NOT COMPELLABLE, 562. CURIA REGIS, 4. meaning of, 3. applications to, 7. CY PRES, DOCTRINE, 126. Jackson v. Phillips, 127. in England, 128. in the United States, 130. DAMAGES. See COMPENSATION; LIQUIDATED DAMAGES. DE BENE ESSE, BILLS TO TAKE TESTIMONY, 35, 567. DEBTS, ASSETS FOR PAYMENT OF, AT COMMON LAW, 532. DECEDENTS' ESTATES, APPLICATION OF THE DOCTRINE OF order in which assets of, are applied to the payment of debts, 346. DECLARE FUTURE RIGHTS, BILL MERELY TO, WILL NOT LIE, DEEDS, DEPOSIT OF, 357. DEFINITION OF EQUITY, 1. DELAY, 203, 259, 260. DELAWARE, COURT OF CHANCERY IN, 15, note. DEPOSIT OF TITLE DEEDS, MORTGAGE BY, 357. DESTRUCTIVE TRESPASS, 433–437. DILIGENCE IN CASES OF SPECIFIC PERFORMANCE, 392. in cases of fraud, 203, 259, 260. DIRECTORS OF COMPANIES, 238, 238, note 1. DISABILITIES OF TRUSTEES, 94, 143. DISCOVERY, 35, 556–565. defects in common law as to, statutory changes, 556. origin and nature of bills of, 557. must be in aid of legal proceedings, 559. general rights of complainant in bills of, 560. in bills of, defendant need not answer as to his own title, 561. or as to evidence thereof, 561. in bills of, defendant need not criminate himself, 562. of confidential communications cannot be compelled, 563. of State secrets, cannot be compelled, 564. whether in bills of, courts will go on to give relief, 565. DISSOLUTION, BILLS FOR PARTNERSHIP ACCOUNT NEED NOT of partnership, causes for, 509. DOCUMENTS, RULES AS TO PRODUCTION OF, 566. DONATIO MORTIS CAUSA, 70. DOWER, 32, 494–502. nature of, 494. remedy by bill in equity for, 495. disadvantages of proceeding at common law, 496. account of mesne profits, 498. multiplicity of suits avoided, 499. out of equitable estates, 500. manner of assigning, 502. DRUNKENNESS, 230. DURESS, 230. EDUCATION OF INFANTS, 548. EDWARD I., ORDINANCE OF, AS TO MATTERS OF GRACE, 7. ELECTION, 25, 295–306. definition of, 295. express and implied, 296. distinction between the two, and importance thereof, 297. circumstances under which the doctrine arises, 298. after-acquired lands, 299. powers, 300. donor must give property of his own, 301. property of the donee must be also given, 302. gifts must be by the same instrument, 303. manner in which it may be made, 304. consequence of, is compensation, not forfeiture, 305. application of doctrine of, to cases of creditors, 306. EQUALITY IS EQUITY, 41. EQUITABLE ASSETS, 531-534. doctrine of, not now important, 531. origin of, 532. Silk v. Prime, 533. Cook v. Gregson, 534. EQUITABLE ESTATES, RULES AS TO DEVOLUTION OF, 60. exceptions, 62. alienation of, 61. liability of, for debts, 61. EQUITABLE ESTOPPEL. [See ESTOPPEL], 280-294. EQUITABLE JURISDICTION, GENERAL OUTLINE OF, 16, 19. EQUITABLE REMEDIES, EXAMPLE, 19. EQUITABLE RIGHTS, EXAMPLE, 18. EQUITABLE TITLES, EXAMPLE, 17. EQUITABLE WASTE, 434. EQUITY, DEFINITION OF, 1. follows the law, 38. importance of historical view of, 2. EQUITY OF REDEMPTION, 21, 150, 151. origin of, 150. EQUITY TO A SETTLEMENT, 109-113. how enforced, 110. how waived, 111. to what property it attaches, 112. against whom and in whose favor, 113. ESTABLISH WILLS, BILLS TO, 574. ESTOPPEL, 25, 280-294. definition of, 280. different kinds of, 281. legal estoppels in pais, 281. by conduct, or equitable estoppel, 282. by assertion of untruth, 283. by concealment of truth, 284. conduct which works an, must be external to the transaction, 285. and third party, 286. must be known to be false, by party making them, 288. must operate to deceive the party to whom they are made, 289. must be actually produced by the conduct, 291. is limited to representations made, 292. in cases of married women and infants, 293. binds parties and privies, 294. EVIDENCE, ADMISSIBILITY OF PAROL IN CASES OF FRAUD, 258. of reformation, 470. EXAMINATIONS DE BENE ESSE, 35, 567. EXCHEQUER, ORIGIN OF COURT OF, 4. equitable jurisdiction of, 5, note. པ་ |