Equity - Law Dictionary Search Results
Misrepresentation
man'uvres, or by positive assertions or material concealment (suppressio veri) whereby a person is misled and damnified. In equity it is immaterial whether the misrepresent or knew the matter to be false, or asserted it, without knowing
Merger
any estate the beneficial interest in which would not be deemed to be merged or extinguished inequity. In equity merger is, and always has been, a question of the intention of the parties, Capital, etc., Bank v.
Married women's property
control which the Common Law gave to the husband was much modified by the doctrines and practice of equity in allowing property to be given to a married woman 'for her separate use,' i.e., to the exclusion
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Lien
been unlawfully dispossessed of it. A lien does not import a right of sale. Sometimes a Court of Equity has decreed a sale as a part of its own system of remedial justice; and Courts of Admiralty
Equitable mortgage
the (English) L.C. Act, 1925, s. 10, Class C. (2) Where the subject of the mortgage is an equity of redemption, which is merely a right to bring an action in the Chancery Division to redeem the
Injunction
inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post. See Specific Relief Act, 1963 (47 of 1963), s.
Breach of trust
responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In
Abstract of title
or his advisers to form an opinion of the precise state of the title at Law and in Equity, together with all chances of eviction or even of adverse claims. At law a vendor cannot convey a
redeem
lien or pledge usually by payment of the amount secured thereby [ collateral] b : to exercise an equity of redemption in (real property) by payment in full of a mortgage debt after default but prior to
mortgage
have the form of a mortgage but is given the effect of a mortgage by a court of equity because the parties intended it to be a mortgage first mortgage : a mortgage that has priority over
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