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Common Law

communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior

Confusion, property by

employer with his own, so as to render it undistinguishable, the whole may, both at Law and in Equity, be taken to be the property of the employer, is well settled; but the same rule does not,

Consolidation of mortgages

thus 'consolidate' the mortgages. This right of the mortgagee was an application of the maxim, 'He who seeks equity must do equity'; it was not considered fair to the mortgagee to allow the mortgagor to pay off

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Contribution

owners of ships, and other chattels, for all charges and expenditures incurred, for the common benefit, 1 Story's Equity, 393-415. So there is contribution between co-defendants in contract, if the goods of one be taken by fi.

Allegans suam turpitudinem non est audiendus

ever was. See Best on Evidence. But a person cannot take advantage of his own wrong, and in equity, the maxim holds good that he who comes into equity must come with clean hands.

Just and equitable

obligation he assumes by entering a company, nor the court to dispense him from it. It does, as equity always does, enable the court to subject the exercise of legal rights to equitable considerations; considerations, that is,

Kicker

An extra charge or penalty, esp. a charge added to a loan in addition to interest. (2) An equity participation that a lender seeks as a condition for lending money, so that the lender may participate in

Joinder of causes of action

separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See

Jus respicit 'quitatem

Jus respicit 'quitatem. Co. Litt. 24.-(Law has regard to equity.)

Jus

Jus, law, right, equity, authority, and rule. A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as

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