MAXIMS, GENERAL, IN EQUITY,
Equity follows the law

various interpretations and illustrations of this
maxim

Equity acts by analogy to law

56

56 to 58, 63, 155, 202, 385, 449

where there is equal equity, the law prevails

illustrations of this maxim

he who seeks equity must do equity

58 to 60

60 to 62

60 to 62

62, 63

illustrations of this maxim

62, 63, 244

equality is equity

62, 63

illustrations of this maxim

62, 63, 442,

450, 452

Equity looks upon that as done, which ought to be done

ignorantia legis neminem excusat-grounds of this maxim 97, 98
opinions of the Civilians on this maxim

where there is a mere promise to pay in ignorance of law 98, note.
in the release of one of two obligees in a bond
where there is an over-payment

99

99, note.

where power of appointment is executed absolutely
agreements entered into under a mistake of law
where parties act under wrong advice as to law

100

100

100 to 103

where a letter of attorney was taken instead of a mortgage 102 to 104

of law, not a ground of reforming a deed.

103, 122, note.

where a party acts under ignorance of his title

106, 115, 116

where a compromise of right is inade in ignorance of a rule

cases of mistake of the settled law where relief was given 109 to 113

difficulty in reconciling these cases

case of Lansdowne v. Lansdowne doubted

111, note.

113,

note.

MISTAKE, Continued.

of a principle of law not plain to persons generally

in the construction of a will

of a plain rule of law, presumptive of imposition, sur-

113

114

114, 115

family compromises supported upon principles of policy 118, 119
where surprise is mixed up with mistake

contracts made in mutual error, invalid

where there was a peculiar trust and relation between
the parties

120

120

120

121
121, 122
122

cases of defective execution of intent from ignorance of law
summary of exceptions to the rule as to ignorance of law
how considered in America

.

loose statements of English elementary writers as to
where judgment is obtained on a contract, and after-
wards the point of law is otherwise decided
rules of the Civil Law as to error of Law
where a bonâ fide purchaser, without notice, is concerned
or ignorance of material facts, relievable in Equity
distinction between ignorance of law and of fact

122, note.

123, 124

facts and mistake of facts 125, note.

the facts must be material
where the parties are innocent, and no presumptive fraud
where one innocently sells a messuage at the time destroyed
distinctions of the Civil Law as to such a sale

in an instrument so as to release rights of which the
party was ignorant

a party not relievable unless he used due diligence to
ascertain the facts

where facts are known to one party and not to another
where there is no legal obligation to communicate the
facts

126

126

127

127, note.

128

128

129

129

129, 130

130, 131

where the means of information are open to both parties 131 to 133
where a vendee has private knowledge of a declaration

Lord Thurlow's language as to the proofs commented on 138, note.

in policies of insurance

.

138

MISTAKE, Continued.

in preliminary contracts for conveyances, &c.
where made out from other writings or memorandums
in marriage settlements

where the final instrument and preliminary contract differ
where party seeks a specific performance of an agreement
after it is reformed

a distinction on this subject not easily reconcilable with
the principles of Equity

relief when mistake is only implied

as, where joint loan of money, bond made joint and
several

reform of joint bond against a surety

Equity interferes only between original parties and privies
to written instruments

139

139

139, 140, note.

140, 141

141, 142

142, note.
144 to 146

146, 147

146

146, 147

147

148

148

148, 149

149 to 157

157

157

158

157, note.

158

159

where parties have omitted acts necessary to the validity

of written instruments

where an instrument has been cancelled

where the instrument is drawn untechnically

instruments held to operate as covenants to stand seized
in the execution of powers

where a false reason is given for a legacy
where money is spent upon another's estate through mistake

of title

of law, upon the construction of a deed, &c.
whether accounts were cognizable on account of

MODUSES. (See TITHES.)

MORE, SIR THOMAS, his character as Chancellor
MORTGAGES, marshalling of assets and securities with

62

322

361

45

454, 457, 465, 513

382, 390

312, 313

314

513

330 to 336

240

definition and nature of tacking"

(See TACKING.)

MORTMAIN, STATUTES OF, devise in evasion of, void

NEGLIGENCE, gross, where accident arose from
NON COMPOTES MENTIS. (See LUNATICS.)

NOTES LOST, relief in cases of, and the grounds thereof
jurisdiction not sustained upon the mere fact of loss
where they are not negotiable, loss of, if not admitted, must

be established by proofs

(See ACCIDENT-Bond.)

NOTICE, of adverse title, purchases with

of title, of dowress, purchase with

190, 191
200

94

82, 83

82

84

216 to 331

317, note, 329, note.

318

317

317

of deposit of title deeds for security, purchase with

in cases of, purchaser held trustee

how purchaser may protect himself

of contract to sell land or grant leases thereof, purchases with 317

of prior unregistered conveyance, purchases with

object and policy of the Registry Acts

how broken in upon

318

318, 321, 322

where an estate is purchased with knowledge that it is
tenanted

where mere rumour or suspicion

322

322

where mistake of law upon construction of a deed, &c.

in England registration not constructive notice 323, 324
otherwise in America
registration of an equitable title

324

325, note.

when priority of title may be acquired by, in Equitable property 338
where knowledge is brought home to an agent or attorney 326, 327
it must be notice in the present business
effect of a bonâ fide purchase for valuable con-

sideration

where A purchases with notice and sells to B

326, 327

328, 329, note, 330

329
336, note.

46

without notice, and B sells to C with notice
in America, Registry acts constructive notice
NOTTINGHAM, LORD, his character as Chancellor

0.

OATH, of defendant required in Equity

OBLIGATIONS, distinction in Roman Law between natural

and civil

OFFICES, contracts for the sale of, void

ORE, tortiously dug by tenant, account of

OVERPAYMENT, by mistake of law or fact

P.

PARAPHERNALIA, marshalling of assets with respect to

PARENT AND CHILD,

constructive fraud arising from this relation

PAROL EVIDENCE,

24

3

238, 239

375, note.

99, nole.

460, 461

249

134

134 to 137

139, 142, note.

139
157, 158

57

302, note.
240, 247, 339

generally not admissible to vary a written agreement
admissible to correct a mistake and to suppress imposition,
fraud, &c.

rule as to, is not simply applied to cases under Statute of
Frauds

ground of the rule

when admissible in case of wills

PAROL PROMISE,

when discharged in Law, yet supported in Equity

settlement founded on

PARTICIPES CRIMINIS, relief where parties are
(See FRAUD, CONSTRUCTIVE.)

PARTITION, concurrent jurisdiction in cases of
origin and history of this jurisdiction

Mr. Hargrave's strictures upon it examined

526, 539

526 to 529

526 to 529