PART III.

EQUITABLE REMEDIES.

CHAPTER I.

SPECIFIC PERFORMANCE.

361. General nature of this equitable | 380. Other rules as to title.

remedy.

362. Inadequacy of common law reme-

dies.

363. Other grounds of the superiority

of the remedy in equity.

381. Parol variations of written con-

tracts; Townshend v. Stangroom.

382. Authorities in the United States.

383. Statute of Frauds; exceptions.

384. Part performance.

364. Contracts for the sale of real es- 385. What constitutes part perform-

tate.

ance.

When the reduction of the con-

tract to writing is prevented by

fraud.

366. May be enforced as to real estate 387. When the parol contract is ad-

outside of the jurisdiction.

367. Covenants for further assurance.

368. Personal property.

mitted in the answer.

388. Specific performance with com-

pensation for defects.

369. When damages cannot be ascer- 389. When the purchaser may be com-

When he may elect to take; limi-

tations upon this doctrine.

Time to make out a title beyond

the day.

372. Contract must be founded on a

valuable consideration.

373. Meritorious considerations.

374. Adequacy.

375. Performance in specie must be

necessary.

392. Due diligence required.

393. Rule altered by express stipula-

tions, or by presumptions grow-

ing out of the nature of the con-

tract.

376. Must be in accordance with gene- 394. Surrounding circumstances.

ral equitable doctrines.

377. Contract must be mutual, certain,

and practicable.

395. Compensation ; Sir Hugh Cairns's

Act.

396.

378. Purchaser not compellable to ac- 397.

cept a doubtful title.

379. Pyrke v. Waddingham.

Doctrine in the United States.

Parties compelled to make good

their representations.

398. Enforcing negative covenants.

CHAPTER II.

INJUNCTIONS.

SECTION I.

GENERAL NATURE OF INJUNCTIONS; INJUNCTIONS TO RESTRAIN INFRINGE-

MENT OF EQUITABLE RIGHTS; AND HEREIN OF INJUNCTIONS TO RESTRAIN

PROCEEDINGS AT LAW; OF BILLS OF PEACE; AND OF BILLS OF INTER-

PLEADER.

terlocutory and perpetual.

404. Ex parte, or at the hearing.

403. Classification of injunctions; in- 417. General rules as to Bills of Peace

of the first class; Phillips V.

Hudson.

405. Common, or special.

406. General division of the subject of 419. Bills of Interpleader.

injunctions.

407. Injunctions to restrain proceed-

rest.

ings at law; Earl of Oxford's 421. Complainant must claim no inte-

Case.

408. Not in the nature of Writs of Pro- 422. Debt or duty must be the same.

413. Injunctions to prevent vexatious 427. Restraint of disclosure of confi-

438. Nuisance.

451. Copyright.

439. Remedies at common law; their 452. Piracy, what it is.

defects.

453. Other requisites to an Injunction.

440. How far complainant's title at law 454. Literary Property; Prince Albert

must be established.

441. Different kinds of nuisance.

442. Coming to a nuisance.

443. Lateral support to soil; Purpres-

tures; Public Companies.

v. Strange.

455. Questions as to publication.

456. Trade-marks.

457. What are trade-marks?

458. Diligence: colorable imitations.

444. Injunction in cases of Patent 459. Alienation of negotiable securities.

Right; Copyright; and Literary 460. Alienation pending litigation.

RE-EXECUTION, REFORMATION, RESCISSION, AND CANCELLATION.

466. Reason for the existence of these | 474. Cancellation independent of re-

equitable remedies.

467. Re-execution.

468. Reformation.

469. General principles in such cases.

470. Admissibility of parol evidence.

scission.

475. Relief by rescission and cancella-

tion a matter of judicial discre-

tion.

476. Compensation.

471. Reformation under presumption 477. Rule in England; Sir Hugh

of law.

Cairnes's Act.

472. Rescission; voidable contracts, 478. No uniform rule on this subject in

how far good.

473. Cancellation as applied in the re-

scission of voidable contracts.

the United States.

CHAPTER IV.

ACCOUNT; PARTITION; DOWER; BOUNDARIES; RENT.

479. General nature of the right to an 486. Leave to surcharge and falsify.

account.

480. Bills for Account.

487. Partition; origin of jurisdiction

of chancery.

481. Inadequacy of the common law 488. Disadvantages of proceeding at

490. Mode of making partition in 497. Advantages of the procedure in

491. Difficulties of making partition no 498. Account of mesne profits.

496. Disadvantages of the proceeding 503. Jurisdiction of equity in cases of

at common law.

Confusion of Boundaries.

504. In cases of Rent.

CHAPTER V.

PARTNERSHIP BILLS.

505. Reasons for resorting to equity in 514. Sale and account.

partnership cases.

506. Nature of the contract of partner-

ship.

507. Many equitable remedies applied

to partnership cases.

515. Winding-up partnerships; joint

and separate debts.

516.

508. Peculiar remedy by Partnership 517.

Bills; Bills for account need not

pray a dissolution.

509. Causes of dissolution; Grounds
for bills for dissolution.

510. Preservation of partnership pro-

perty.

511. Doctrine of conversion as applied

to partnership real estate; rule

in England.

512. Rule in the United States.

513. Qualifications of the rule.

Separate assets of deceased part-

ner applied in the first instance

to payment of separate debts.

Extension of this doctrine; Eng-

lish rule.

518. Rule in Tucker v. Oxley.

519. Bankrupt Act of 1867.

520. Method in which joint creditors

may collect their debts.

521. Remedies of separate creditors.

522. Joint and separate executions.

523. Suits between firms having a com-

mon member.

524. Mines.

CHAPTER VI.

CREDITORS' BILLS AND ADMINISTRATION SUITS.

525. Creditors' Bills; are of two classes. 532. Origin of the doctrine.

528. Creditors' Bills of the second 537. Covenant to pay, and subsequent

class; Administration suits.

529. Not of great importance in this

country.

intestacy.

538. Satisfaction; of debts by legacies.

539. Of legacies by legacies.

530. General course of proceeding in an 540. Of legacies by portions; of por-

administration suit.

531. Equitable Assets; doctrine of com-

paratively little importance.

tions by legacies.

CHAPTER VII.

INFANTS, IDIOTS, AND LUNATICS.

541. Protection afforded to the persons | 548. Education of the ward.

and estates of infants at common 549. Management of his estate.

550. Marriage of the ward.

559. Discovery must be in aid of legal 565.

560. General rights of complainant in 566. Production of documents.

CHAPTER IX.

BILLS QUIA TIMET; RECEIVERS; WRITS OF NE EXEAT; AND OF

SUPPLICAVIT.

568. Bills Quia Timet; their general | 576. Receivers; general nature of the

575. Bills to remove a cloud from title. 582. Writs of Supplicavit.