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Belief

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

' 1.

In feudal law, a fine or composition paid to the lord of a fee for taking up an estate which had lapsed or fallen by the death of the last tenant. It •' raised up " and re-established the inheritance in the hands of the heir.

8 2.

In practice, redress provided by law for deprivation of a right; such enforcement of an alleged right as is invoked in a suit. To bar equitable relief the legal remedy must be equally effectual with the equitable remedy, as to all the rights of the complainant. Where the remedy at law is not " as practical and efficient to the ends of justice ^nd its prompt administration," the aid of equity may be invoked; but if, on the other hand, " it is plain, adequate, and complete," the legal remedy must be pursued." Under a prayer for general relief, the plaintiff is entitled to such relief as is agreeable to the ease made in the bill, though different from the specific relief prayed for.'" ' [People V. Mc Curaber, li N. Y. 821 (1858). ' Seward v. Miller, 6 How. Pr. 313-14(1852), Strong, J.; Morton v. Jackson, 2 Minn. 222(1858). 3 Woods V. Morrell, 1 Johns. Ch. *106 (1814), Kent, Ch. * 1 Whart. Ev. Ch. II. '' 1 Greenl. Ev. § 51 a. ' [Spitler V. Heeter, 42 Ohio St. 101 (1884). ' F. relever: L. re-levare, to raise up again. 8 2 Bl. Com. 06, 60; Williams, R. P. 120. » Lewis V. Cocks, 23 Wall. 470 (1874), Swayne, J.; Boyoe v. Grundy, 3 Pet. 215 (18.30). That a bill contains a prayer with a " double aspect " forms no objection to the bill. *'Tou may ask the court to come to a conclusion on the facts which you have disclosed, having stated everything that will enable the court to form a proper judgment. You may ask the judgment of the court on two alternatives." ^ The complainant, if not certain as to the specific relief to wiich he is entitled, may frame his prayer in the alternative, so that if one kind of relief is denied another may be granted; the relief, of each kind, being consistent with the case made by the bill.^ See Compensation, 4; Equity, Bill in; Injury; Prayer; Redress; Remedy.