Black's Law Dictionary

The condition of possessing the same rights, privileges, and immunities, and being liable to the same duties. Equality is equity. Fran. Max. 9, max. 3. Thus, where an heir buys in

The act or process of making equal or bringing about conformity to a common standard. The process of equalizing assessments or taxes, as performed by "boards of equalization" In va

The equal protection of the laws of a state is extended to persons within its jurisdiction, within the meaning of the constitutional requirement, when its courts are open to them o

An officer of sinte under the master of the horse.

Lat. In Roman and old English law. A knight.

An equal. It is mentioned in Simeon Dunelm, A. D. 882. Jacob.

The two periods of the year (vernal equinox about March 21st, and autumnal equinox about September 22d) when the time from the rising of the sun to its setting is equal to the time

Just; conformable to the principles of natural justice and right. Just, fair, and right, in consideration of the facts and circumstances of the individual case. Existing in equity;

One founded on an equity or cognizable in a court of equity; or, more specifically, an action arising, not immediately from the contract in suit, but from an equity in favor of a t

Equitable assets are all assets which are chargeable with the payment of debts or legacies in equity, and which do not fall under the description of legal assets. 1 Story, Eq. Jur.

An assignment which, though invalid at law, will be recognized and enforced in equity ; e. g., an assignment of a chose in action, or of future acquisitions of the assignor. Holmes

A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affairs involved than to the strict application of the rule

In English practice, a defense to an action on grounds which, prior to the passage of the common-law procedure act, (17 & 18 Viet c. 125,) would have been cognizable only in a cour

The special easements created by derivation of ownership of adjacent proprietors from a common source, with specific .intentions as to buildings for certain purposes, or with impli

A proceeding in use in Pennsylvania, brought to enforce specific performance of a contract for the sale of land, and for some other purposes, which is in form an action of ejectmen

The choice to be made by a person who may, under a will or other instrument, have either one of two alternative rights or benefits, but not both. Peters v. Bain, 133 U. S. 670 , 10

This term is sometimes applied to the appointment of a receiver with power of sale. Hatch v. Van Dervoort, 54 N. J. Eq. 511, 34 Atl. 938

The lien in equity created by the filing of a creditors' bili to subject real property of the debtor, and of a lis pendens, is sometimes so calied. Miller v. Sherry, 2 Wall. 249, 1

such as exist in equity, and of which courts of equity alone take cognizance. A lien is neither a jus in re nor a jns ad rem. It is nut property in the thing, nor does it constitut

A specific lien upon real property to secure the payment of money or the performance of some other obligation, which a court of equity will recognize and enforce, in accordance wit

One who is recognized in equity as the owner of property, because the real and beneficial use and title belong to him, although the bare legal title is vested in another, e. g., a

By analogy, the term "salvage" is sometimes also used in cases which have nothing to do with maritime perils, but in which property has been preserved from loss by the last of seve

A seisin Which la analogous to legal seisin; that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seisin of the land by receipt of the rents.

An equitable title is a right in the party to whom it belongs to have the legal title transferred to him; or the beneficial interest of one person whom equity regains as the real o

Injury to a reversion or remainder in real estate, which is not recognized by the courts of law as waste, but which equity will interpose to prevent or remedy. Gannon v. Peterson.

In old English law. Traveling furniture or riding equipments, including horses, horse harness, etc. Reg. Orig. 100b; St Westm. 2, c. 39.

1. In its broadest and most general signification, thls term denotes the spirit and the habit of fairness, justness, and right dealing which would regulate the intercourse of men w

Courts which administer justice according to the system of equity, and according to a peculiar course of procedure or practice. Frequently termed "courts of chancery." See 1 Bl. Co

This term includes not only the ordinary meaning of the word "jurisdiction," the power residing in a court to hear and determine an action, but also a consideration of the cases an

That portion of remedial justice which is exclusively administered by courts of equity, as distinguished from courts of common law. Jackson v. Nimmo, 3 Lea (Tenn.) 609.

By this phrase is intended the rule of statutory construction which admits within the operation of a statute a class of cases which are neither expressly named nor excluded, but wh

A term used to designate the right of each of them to have the firm's property applied to the payment of the firm's debts. Colwell v. Bank, 16 R. I. 288, 17 Atl. 913.

The right of the mortgagor of an estate to redeem the same after it has been forfeited, at law, by a breach of the condition of the mortgage, upon paying the amount of debt, intere

The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settle

An equity term of court is one devoted exclusively to equity business, that is, in which no criminal cases are tried nor any cases requiring the impaneling of a jury. Hesselgrave v

The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settle

In patent law. Any act or substance which is known in the arts as a proper substitute for some other act or substance employed as an element in the invention, whose substitution fo

Having a double or several meanings or senses. See Ambiguity.

A kind of rack for extorting confessions.

A horse equipped with saddle and furniture.

A maple tree. Not to be confounded with arabilis, (arable land.)

The followers of Erastus. The sect obtained much infiuenco in England, particularly among common lawyers in the time of Selden. They held that offenses against religion and moralit

The obliteration of words or marks from a written instrument by rubbing, scraping or scratching them out. Also the place in a document where a word or words have been so removed. T

In the civil law. To be divided. Judicium families erciscundœ, a suit for the partition of an inheritance. Inst. 4, 17, 4. An ancient phrase dorived from the Twelve Tables. Calvin.

One of the formal words of incorporation in royal charters. "We do, incorporate, erect, ordain, name, constitute, and establish."

Raising up; building; a completed building. In a statute on the "erection" of wooden buildings, this term does not include repairing, alteration, enlarging or removal. See Shaw v.

Lat. Therefore; hence; because.

In the civli law. Undertakers of work; contractors. Co.d. 4, 59.

A term of the Irish Brehon law, denoting a pecuniary mulct or recompense which a murderer was judicially condemned to pay to the family or relatives of his victim. It corresponded

We erect. One of the words by which a corporation may be created in England by the king's charter. 1 Bl. Comm. 473.

By metonymy, this term is used to describe the office or functions of a judge, whose state robe, lined with ermine, is emblematical of purity and honor without stain. Webster.

In old English law. The loose scattered cars of corn that are left on the ground after ipe binding.

The gradual eating away of the soil by the operation of currents or tides. Distinguished from submergence, which is the disappearance of the soil under the water and the formation

A form of mania similar to nymphomania, except that the present term is applied to patients of both sexes, and that (according to some authorities) it is applicable to all cases of

Wandering; itinerant; applied to justices on circuit, and bailiffs at large, etc.

In old law. A waif or stray; a wandering beast Co.welL

Lab Error. Used in the Latin formula for assigning errors, and in the reply thereto, "in nullo est erratum," i. e., there was no error, no error was committed.

Involving error; deviating from the law. This term is never used by courts or law-writers as designating a corrupt or evll act. Thompson v. Doty, 72 Ind. 338.

Lat. Erroneously; through error or mistake.

A mistaken judgment or incorrect belief as to the existence or effect of matters of fact or a false or mistaken conception or application of the law. Such a mistaken or false conce

Error committed in the proceedings "before us;" i. e., error assigned as a ground for reviewing, modifying, or vacating a judgment in the same court in which it was rendered.

Error in the proceedings "before you;" words used in a writ of error directed by a court of review to the court which tried the cause.

To refer errors to their sources is to refute them. 3 Inst. 15. To bring errors to their beginning is to see their last.

The mistakes of the writer ought not to harm. Jenk. Cent. 324.

Error artfully disguised [or colored] is, in many instances, more probable than naked truth; and frequently error overwhelms truth by [its show of] reasons. 2 Coke, 73.

In judicial proceedings, error in fact occurs when, by reason of some fact which is unknown to the court and not apparent on the record (e. g., the coverture, infancy, oh death of

An error of the court in applying the law to the case on trial, e. g., in ruling on the admission of evidence, or in charging the jury. McKenzie v. Bismarck Water Co., 6 N. D. 361,

Error of law Injures. A mistake of the law has an injurious effect; that is, the party committing it must suffer the consequences. Mackeld. Rom. Law, § 178; 1 Story, Eq. Jur. § 139

Error of name. A mistake of detail in the name of a person; used in contradistinction to error de persons, a mistake as to identity.

A mistake in the name of a thing is never prejudicial, if it ba clear as to the identity of the thing itself, [where the thing intended Is certainly known.] 1 Duer, Ins. 171. This

That is called "error of fact" which proceeds either from ignorance of that which really exisis or from a mistaken belief in the existence of that which has none. Civ. Code La. art

He is under an error of law who is truly informed of the existence of facts, but who draws from them erroneous conclusions of law. Civ. Code La. art. 1822. Mowatt v. Wright, 1 Wend

An error which is not resisted or opposed is approved. Doct. & Stud. c. 40.

A phrase appended to an account stated, in order to excuse slight mistakes or oversights.

See Writ of Error.

In old English law. A meeting of the neighborhood to compromise differences among themselves; a court held on the boundary of two lands.

8 Coke, 116. The law blushes when children correct their parents.

In old law. A ratting off the branches or boughs of trees. Cowell; Spelman.

To scald. It is said that to scald hogs was one of the ancient tenures in serj canty. Wharton.

In old English law. A writ of exchange. A license in the shape of a writ, formerly granted to an English merchant to draw a bill of exchange on another in foreign parts. Beg. Orig.

An old English law term, signifying exchange.

The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his liberty by the process of law. The voluntarily or negligently allo

In English practice. This was a warrant granted to retake a prisoner 'committed to the custody of the king's prison who had escaped therefrom. It was obtained on affidavit from the

In old English law. Delivered from that punishment which by the laws of the forest lay upon those whose beasts were found upon forbidden land. Jacob.

That which comes by chance of accident Cowell.

In feudal law. Escheat is an obstruction of the course of descent, and consequent determination of the tenure, by some unforeseen contingency, in which case the land naturally resu

In English law. The name of an officer who was appointed in every county to look after the eseheats which fell due to the king in that particular county, and to certify the same in

A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Reg. Orig. 164b; Fitzh. Nat. Brev. 143.

In old English law. A Jury or inquisition.

To build or equip. Du Cange.

Co. Litt. 93. Escheat is derived from the French word "eschoir," which signifies to happen, because it falls to the lord from an event and from an unforeseen circumstance.

Co. Litt. 13. Those things are commonly called "escheats" which revert to the exchequer from a failure of issue in those who hold of the king, when there does not exist any heir by

A tax formerly paid in boroughs and corporations towards the support of the community, which is called "scot and lot"

In Spanish law. An officer, resembling a notary in French law, who has authority to set down in writing, and verify by his attestation, transactions and contracts between private p

Fr. Fraud, swindling, cheating.

A scroll; a writing; a deed. Particularly a deed delivered by the grantor into the hands of a third person, to be held by the latter until the happening of a contingency or perform

In old English law. An escrow; a scroll. "And deliver the deed to a stranger, as an escrowl." Perk. c. 1, § 9; Id. e. 2, §§ 137, 138.

Service of the shield. One of the varieties of tenure in knight's service, the duty imposed being that of accompanying the king to the wars for forty days, at the tenant's own char

To scour or cleanse. Cowell.

A measure of corn. Cowell.