SPECIFIC PERFORMANCE, 14, 29, 361-398.

general nature of, 361.

of contracts for sale of real estate, 364.

may be enforced between original parties and those who claim under them,
365.

of contracts as to real estate outside the jurisdiction, 366.

of covenants for further assurance, 367.

of contracts as to personal property, 368.

of contracts when damages cannot be ascertained, 369.

of other contracts, 370.

rests on discretion of the court, 371.

valuable consideration necessary to, 372.

meritorious consideration, 373.

adequacy of consideration, 374.

performance in specie must be necessary, 375.

must be in accordance with general equitable doctrines, 376.
contract must be mutual, certain, and practicable, 377.
purchaser not compellable to accept doubtful title, 378.
other rules as to title, 380.

of written contracts with parol variations, 381.
statute of frauds, 383.

exceptions, 383.

part performance, 384.

what constitutes, 385.

when reduction to writing is prevented by fraud, 386.
when parol contract is admitted in the answer, 387.

with compensation for defects, 388.

when the purchaser may be compelled to take, 389.

when he may elect to take, 390.

time to make out a title beyond the day, 391.

due diligence required, 392.

compensation, Sir Hugh Cairns's Act, 395.

doctrine in the United States, 396.

parties compelled to make good their representations, 397.

of negative covenants, 398.

STATED ACCOUNT, PLEA OF, 485.

STATE SECRETS, DISCLOSURE OF, CANNOT BE COMPELLED,

564.

STATUTE OF FRAUDS, AS TO TRUSTS, 64.

resulting trusts, 82.

in cases of specific performance. [See PART PERFORMANCE; SPECIFIC
PERFORMANCE], 384, 385.

STATUTE OF USES, 53.

SUBPOENA, WRIT OF, 9, 10.

SUBROGATION, 27, 335–339.

nature of right of, 335.

extent of doctrine of, 337.

SUPPLICAVIT, WRIT OF, 36, 582.

SUPPRESSIO VERI, 213.

SUPREME COURT JUDICATURE ACT, 1, 11.

SURCHARGE AND FALSIFY, IN CASES OF ACCOUNT, 486.

SURETY MAY COMPEL A CREDITOR TO MAKE A PROMPT USE
OF REMEDIES, 339.

SURETIES, CONTRIBUTION BETWEEN, 328.

TACKING, 158.

TENNESSEE, COURTS OF CHANCERY IN, 15, note.

TESTIMONY DE BENE ESSE, BILLS TO TAKE, 567.

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

TIME TO MAKE OUT TITLE BEYOND THE DAY, 391.

TITLE, BILLS TO REMOVE A CLOUD FROM, 575.
defendant need not discover his own, 561.

nor evidence thereof, 561.

purchaser not compellable to accept doubtful, 378.

time to make out, in cases of specific performance, 391.

TRADE, CONDITIONS IN RESTRAINT OF, 228.

TRADE-MARKS, INJUNCTIONS IN CASES OF, 456-458.

what are, 457.

colorable imitations of, 458.

TRESPASS, DESTRUCTIVE, INJUNCTIONS IN CASES OF, 435–437.
in cases of public companies, 437.

TRUSTS, DEFINITION OF, 20, 49.

early jurisdiction of chancery as to, 8.

are either active or passive, 20.

special or simple, 20.

may be created either by act of party or by act of law, 20.
express and implied, 20.

!

TRUSTS-Continued.

origin, history, and general nature of, 49-62.
distinction between, and fidei commissa, 50.
origin of, 51.

early history of, 51.

distinction between, and a technical use, 52.
history of, before the Statute of Uses, 52.
after the Statute of Uses, 53.

general nature of, active and passive, 54.
when executed by the statute, 55.

by common law, in some States, 55.
lawful and unlawful, 56.

executed and executory, 20, 57.

Glenorchy v. Bosville, 57.

Sackville-West v. Homesdale, 57.

executory instruments creating, when reformed, 58.

public and private, 20, 59.

created by direct fiduciary expressions, 63.

averrable at common law, 63.

as affected by the statute of frauds, 64.

by what language created, 65.

voluntary dispositions; Milroy v. Lord; Ex parte Pye, 66.
Donaldson v. Donaldson; Kekewich v. Manning, 67.

for benefit of creditors, 68.

upon meritorious considerations; Ellis v. Nimmo, 69.
created by precatory words, 20, 71.

powers in, 20, 77.

implied. [See IMPLIED TRUSTS], 78-95.

resulting. [See RESULTING Trusts], 20, 79–90.

Constructive. [See CONSTRUCTIVE TRUSTS], 20, 91–95.

for married women. [See MARRIED WOMEN; SEPARATE USE; PIN-
MONEY; EQUITY TO A SETTLEMENT; GIFTS; SEPARATION], 96–115.
for charities. [See CHARITIES], 116–134.

TRUSTS FOR CHARITABLE PURPOSES. [See CHARITIES], 20, 116–134.

TRUSTS FOR MARRIED WOMEN. [See MARRIED WOMEN; SEPARATE
USE; EQUITY TO A SETTLEMENT; GIFTS; PIN-MONEY], 20, 96-115.

TRUSTEES, 20, 135–148.

jurisdiction of courts of equity over, 20, 135.

who may be, 136.

corporations may be, 136.

acceptance of trust by, 137.

general duties of, 138.

conversion of securities by, 139.
deposits by, 139.

TRUSTEES-Continued.

investments by, 140.

English rule as to, 140.

rule in the United States as to, 141.

when chargeable with interest, 142.
disabilities of, 143.

compensation of, 144.

cannot delegate their authority, 145.

responsibility of, for co-trustees, 146.
remedies against, 147.

accounts of, 148.

cannot buy at his own sale, 94.

TRUSTEES AND CESTUI QUI TRUST, TRANSACTIONS BE-
TWEEN, 237.

UNDUE INFLUENCE, GIFTS MADE UNDER, 231.

contracts made under, 232.

UNITED STATES, PRINCIPLES OF EQUITY ADOPTED IN, 12.
classification of the States in, 2, 15.

UNLAWFUL TRUSTS, 56.

USES. See TRUSTS; CHARITABLE USES.

Statute of, 10, 53.

USURIOUS CONTRACTS, 221.

VENDOR'S LIEN FOR PURCHASE MONEY, 353–356.

nature of, 354.

how waived, 355.

exists for and against whom, 356.

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

VEXATIOUS LITIGATION, INJUNCTIONS TO RESTRAIN, 413.

VIGILANTIBUS NON DORMIENTIBUS ÆQUITAS SUBVENIT, 39.
VOID, FRAUDULENT TRANSACTIONS VOIDABLE, NOT, 202.

VOLUNTARY ASSIGNMENTS FOR BENEFIT OF CREDITORS, 68.

VOLUNTARY DISPOSITIONS IN TRUST, 66.

VOLUNTARY TRANSFERS, AS AGAINST CREDITORS, 245.