Equitable Defense
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
In English practice. A defense to an action on grounds which, prior to the passing of the commonlaw procedure act, (17 & 18 Vict. ¢. 125,) would have been cognizable only in a court of equity. Mozley & Whitley. In American practice. A defense which is available only in equity, except under the reformed codes of practice, where it may be interposed in a legal action. only be enforeed in a court of chancery, 9 Ohiv, 145. That is properly an equitable estate or interest for which a court of equity affords the only remedy; and of this nature, especially, is the benefit of every trust, express or implied, which is not converted into a legal estate by the statute of uses. ‘The rest ure equities of redemption, constructive trusts, and all equitable charges. Burt. Comp. c.
8.