CHAPTER VIII.

ASSIGNMENTS.

162. Common law rule forbidding as- 169. Authorities in the United States

177. Lost instruments; advantages of 189. Compromises of doubtful rights;

remedy in equity.

178. Penalties.

179. Liquidated damages.

180. Agreements for reduction of debt.

181. Forfeitures.

182. Defective execution of powers.

183. Miscellaneous cases.

family arrangements.

190. Mistakes of Fact; different kinds.

191. Must be mutual, material, and not

induced by negligence.

192. Defective execution of powers.

193. What defects may be remedied.

194. For whose benefit.

184. Equitable remedies in cases of 195. Against whom.

Mistake.

185. Definition of Mistake.

196. Miscellaneous cases.

CHAPTER II.

FRAUD.

SECTION I.

GENERAL NATURE OF FRAUD; ACTUAL FRAUD.

197. Importance and general nature of | 207. Matters of opinion.

equitable jurisdiction in cases of 208.

Prospectuses of projected com-

panies; Central Railway Com-

pany v. Kisch.

Puffing; Mortimer v. Bell.

199. Limitations upon the jurisdiction 210. Fraud on owner of property sold

of equity in cases of Fraud;

Fraud in obtaining a will; Allen

v. M' Pherson.

at auction.

211.

Matters of intention.

212. Matters of law.

200. Concurrent jurisdiction of equity. 213. Suppressio veri.

Knowledge of the truth or false-

hood by party making the rep-

resentations;

classification of

not absolutely void.

203. Within what time redress must be

sought.

cases on this subject.

215. Representation must be relied on.

204. Fraudulent transactions must be 216. Representation must be material;

adopted or set aside in toto.

205. General divisions of the subject

of fraud.

206. General nature of actual fraud.

dolus dans locum contractui.

217. Party deceived must be injured.

218. Representations by agents.

SECTION II.

FRAUD ARISING FROM THE INTRINSIC NATURE OF THE TRANSACTION.

219. Contracts void by reason of their

terms; Inadequacy of considera-

tion.

220. Bargains by reversioners and ex-

pectant heirs.

221. Change of the law in England.

222. Usurious contracts.

223. Gambling contracts.

227. Conditions in partial restraint.

228. Contracts in restraint of trade.

224. Contracts void by reason of their 229. Sales of public offices.

SECTION III.

FRAUD PRESUMED FROM THE RELATIONS OF THE PARTIES.

230. Mental disability; drunkenness; | 234. Guardian and ward.

duress.

235. Parent and child.

31. Undue influence; gifts; Huguenin 236. Solicitor and client.

v. Baseley.

232. Contracts; Tate v. Williamson.

233. Parties between whom confiden-

tial relation ordinarily exists.

237. Trustee and cestui gui trust.

238. Fiduciary can make no profit;

Bank v. Tyrrell.

Promotors of companies.

239.

SECTION IV.

FRAUD AFFECTING THIRD PARTIES; GENERAL RULES AS TO FRAUD.

240. Subdivision of frauds of this class; 253. Fraud on marital rights; Strath-

243. Conveyance must be for a good 255. Circumstances which constitute

consideration, and bonâ fide.

fraud on marital rights.

244. Moral obligations; consideration 256. Fraud on powers; Aleyn v. Bel-

of marriage.

by persons indebted.

chier.

245. Voluntary transfers; conveyances 257. Appointment must be made solely

to carry out the purpose of the

power; Topham v. The Duke of

Portland.

246. Conveyances of property which

could not be reached by execu-

tion.

247. Gifts from husband to wife.

248. Parties by whom fraudulent con-

veyances may be avoided.

258.

Admissibility of parol evidence to

vary or contradict written instru-

ments in cases of fraud; Woollam

v. Hearn; Gillespie v. Moon.

249. Secret agreements touching com- 259. How the right to impeach a

position deeds.

250. Fraud upon subsequent purcha-

sers; Statute 27 Eliz., c. 4.

fraudulent transaction may be

lost; confirmation; release; ac-

quiescence.

251. Difference between the English 260. Delay; bonâ fide purchasers for

and American rules.

252. Statute not applicable to per-

value.

sonal chattels.

CHAPTER III.

NOTICE.

261. Doctrine of notice not applicable | 267. Rule in United States; protection

265. Extent of protection afforded by 372. Effect of actual notice of un-

want of notice.

266. English rule that payment of pur- 272.

chase-money and acquisition of 274.

registered conveyance.

Constructive notice of same.

Lis Pendens.

legal title must both precede 275. Plea of bonâ fide purchaser for

notice.

value.

1

276. Can be used by the holder of an 278. Abolished in England.

284. A party may be estopped by the 297.

concealment of the truth.

ard v. Sears.

Pick-

298.

Importance of the distinction be-

tween the two.

Circumstances under which the

doctrine of election arises; illus-

trations.

285. Conduct which works an estoppel

must be external to the contract.

286. Representations between party 299. After-acquired lands.

alleging estoppel and party 300. Powers.

estopped.

287. Representations between party

301.

Donor must give property of his

own.

Property of the donee must be

also given.

Gifts must be by the same instru-

ment.

Manner in which election may be

made.

305. Consequence of an election is com-

pensation, not forfeiture.

306. Application of doctrine of election

to case of creditors.

CHAPTER V.

CONVERSION AND RECONVERSION.

307. General nature and extent of equi- | 312. Question of conversion one of in-

table conversion.

308. Example.

burner.

tention.

Fletcher V. Ash- 313. Contract, to work a conversion,

must be binding.

General results of a conversion;

qualifications.

Failure of the purposes of a con-

version; resulting trust.

316. Ackroyd v. Smithson; Smith v.

Claxton.

317. Conversion "out and out."

318. Doctrine in the United States on | 322. Reconversion may be by act of

326. Equities to be considered under 338. Qualifications.

Adjustment: Set-off, Contribu- 339. Surety can compel a creditor to

351. Distinction between liens at com- 356. Parties for and against whom the

355. Waived by taking independent 360. Liens in aid of equitable and legal