EXCLUSIVE JURISDICTION OF EQUITY IN CASES OF FRAUD, 201.

EXECUTED TRUSTS, 20, 57.

EXECUTIONS AT COMMON LAW, INEFFICIENCY OF, 526.

FATHER AND CHILD, JURISDICTION OF EQUITY IN CASES OF,

546, 547.

contracts between, 235.

FEDERAL COURTS, EQUITABLE JURISDICTION OF, 13.

FEMES COVERTE. See MARRIED WOMEN.

FIDEI COMMISSA, NATURE OF, 50.

FIDUCIARY RELATION, FRAUD PRESUMED FROM, 236–239.

FLORIDA, EQUITABLE JURISDICTION OF THE COURTS IN, 15,
note.

FORECLOSURE, 21, 156.

FORFEITURES, 181.

FRAUD, 24, 197-260.

Lord Hardwicke's division of, 24.

importance of equitable jurisdiction in cases of, 197.
general nature of equitable jurisdiction in cases of, 197.

FRAUD-Continued.

distinctions between relief at law and in equity, 198.
limitations upon equitable jurisdiction, 199.

in obtaining a will, 199.

concurrent jurisdiction of equity in cases of, 200.

exclusive jurisdiction of equity in cases of, 201.

transactions tainted with, voidable, not void, 202.

laches, 203.

transaction tainted by, must be adopted or set aside in toto, 204.
general divisions of the subject of, 205.

actual, general nature of, 206.

matters of opinion, 207.

prospectuses of projected companies, 208.

puffing, 209.

on owner of property sold at auction, 210.
matters of intention, 211.

of law, 212.

suppressio veri, 213.

knowledge by party making representations, 210.
representation must be relied on, 215.

material, 216.

party must be injured by, 217.

by agent, 218.

arising from intrinsic nature of the transaction, 219–229.

inadequacy of consideration, 219.

bargains by reversioners and expectant heirs, 220.

change of the law in England, 221.

usurious contracts, 222.

gambling contracts, 223.

subject matter of contracts when void, 224.

gifts in restraint of marriage, 225.

conditions in restraint of marriage, 226.

partial restraint of marriage, 227.

in restraint of trade, 228.

sales of public offices, 229.

presumed from relations of parties, 230-239.

mental disability, 230.

drunkenness, 230.

duress, 230.

gifts made under undue influence, 231.

contracts made under undue influence, 232.

parties between whom confidential relations exist, 233.

guardian and ward, 234.

parent and child, 235.

solicitor and client, 236.

trustee and cestui qui trust, 237.

fiduciary can make no profit, 238.

promoters of companies, 239.

FRAUD-Continued.

third parties affected by, 240-257.
on creditors, 240.

stat. of 13 Elizabeth, c. 5, 241.

jurisdiction of equity in cases under the statute, 242.
conveyance must be for a good consideration, 243.

and bona fide, 243.

moral obligations, 244.

consideration of marriage, 244.

voluntary transfers, 245.

conveyances by persons indebted, 245.

conveyances of property which could not be reached by execution, 246.
gifts from husband to wife, 247.

parties by whom fraudulent conveyances may be avoided, 248.

secret agreements touching composition deeds, 249.

upon purchasers, 250.

stat. 27 Eliz., c. 4, 250.

difference between English and American rule, 251.

statute not applicable to personal property, 252.

on marital rights, 253.

ignorance of husband as to existence of property immaterial, 254.
circumstances which constitute fraud on marital rights, 255.
on powers, 256.

appointment must be made solely to carry out the power, 257.

admissibility of parol evidence in cases of, 258.

confirmation of fraudulent transaction, 259.

release, 259.

acquiescence, 259.

laches, 260.

bona fide purchaser, 260.

FRAUDS, STATUTE OF, EFFECT OF IN CASES OF REFORMA-

TION, 470.

in cases of trusts, 64.

in cases of specific performance, 383.

FUTURE PROPERTY, ASSIGNMENTS OF, 165.

GAMBLING CONTRACTS, 222.

GENERAL AVERAGE, 334.

GEORGIA, EQUITABLE JURISDICTION OF THE COURTS IN, 15,
note.

GIFTS FROM HUSBAND TO WIFE, 114.

as regards creditors, 247.

in trust, 66.

between parties in fiduciary relation, 231.

GRACE, JURISDICTION OF THE COUNCIL IN MATTERS OF, 7.

GUARDIAN AND WARD, TRANSACTIONS BETWEEN, 234.

GUARDIANS.

at common law and by statute, 541.

necessity for jurisdiction of equity over, 542.
appointment and removal of, 546.

GUARDIANSHIP, A FATHER'S DUTY, NOT PRIVILEGE, 547.

HEIRS, BARGAINS BY EXPECTANT, 220.

HUSBAND AND WIFE. See MARRIED WOMEN.

IDIOTS AND LUNATICS, 34, 551–555.

nature and origin of equity jurisdiction over, 551.
statutes of Edward II. as to, 552.

in the United States, 553.

method of procedure in cases of, 554.

appointment and powers of committee, 555.

IGNORANCE OF LAW. See MISTAKE; FRAUD.

ILLINOIS, EQUITABLE JURISDICTION OF THE COURTS IN, 15,

note.

IMPLIED TRUSTS, 20, 78.

of two kinds, resulting and constructive trusts. [See RESULTING TRUSTS;
CONSTRUCTIVE TRUSTS], 78.

INADEQUACY OF CONSIDERATION, 219.

INFANTS, JURISDICTION OF CHANCERY OVER, 34, 541-550.
guardianship of, at common law, 541.

necessity for jurisdiction of chancellor over, 542.

made wards of court, 543.

to be wards of court, must have property, 544.

proceedings in cases of, may be by petition, 545.

appointment and removal of guardians of, 546.

custody of, 546.

guardianship of, a father's duty, not privilege, 547.

education of, 548.

management of estate of, 549.

marriage of, 550.

when bound by estoppel, 293.

INFRINGEMENT OF COPYRIGHT. See COPYRIGHT.

of patent-right. See PATENT-RIGHT.

INJUNCTIONS, 30, 399-465.

definition of, 399.

mandatory and prohibitory, 400.

mandatory, 400.

prohibitory, 401.

character of equitable remedy by, 402.

classification of, 403.

interlocutory and perpetual, 403.

ex parte or at the hearing, 404.

common or special, 405.

to restrain proceedings at law. [See INJUNCTIONS TO RESTRAIN PRO-
CEEDINGS AT LAW], 407-414.

bills of peace. [See BILLS OF PEACE], 415-418.

bills of interpleader. [See INTERPLEADER], 419-422.

in aid of proceedings in bankruptcy, 423.

in what courts proceedings will be restrained by, 424.

in cases of trusts and mortgages, 425.

between partners, 426.

to restrain disclosure of confidential communications, 427.
to protect legal rights, 428-465.

in cases of waste. [See WASTE], 429–434.

in cases of destructive trespass.

[See TRESPASS], 435-437.

in cases of nuisance. [See NUISANCE], 438-443.

in cases of patent-right. [See PATENT RIGHT], 444, 448, 449.

in cases of literary property. [See LITERARY PROPERTY], 454, 455.
in cases of trade-marks. [See TRADE-MARKS], 456-458.

in cases of alienation of negotiable securities, 459.

in cases of alienation pending litigation, 460.

in cases of breach of negative covenants. [See COVENANTS], 461–464.

in cases of corporations, 465.

issued under common law forms in some States, 14.

INJUNCTIONS TO RESTRAIN PROCEEDINGS AT LAW, 407-414.
not in the nature of writs of prohibition, 408.

general nature of the jurisdiction, 409.

equitable titles protected by, 410.

equitable rights protected by, 411.

equitable remedies assisted by, 412.

vexatious litigation; election between remedies, 413.

after court has assumed jurisdiction of cause, 414.

INTENTION, MATTERS OF, 211.

INTERLOCUTORY INJUNCTIONS, 403.

INTERPLEADER, 419–422.

bill of, must show title in two claimants, 420.

complainants must claim no interest, 421.

debt or duty must be the same, 422.