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Equity to a settlement

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

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 settled upon herself and her children. Also a similar right now recognized by the equity courts as directly to be asserted against the husband. Also called the "wife's equity."

Toindexter v. Jeffries, 15 Grat. (Va.) Rb3; Clarke v. McCreary, 12 Smedes & M. (Miss.) 354.

Equity delights to do justice, and that not by halves.

Tallman v. Varick, 5 Barb. (N. Y.) 277, 280; Story, Eq. PL § 72.

Equity follows the law.

Talb. 52.

Equity adopts and follows the rules of law in all cases t5o which those rules may, in terms, be applicable. Equity, in dealing with cases of an equitable nature, adopts and follows the analogies furnished by the rules of law. A leading maxim of equity jurisprudence, which, however, is not of universal application, but liable to many exceptions.

Story, Eq. Jut. § 64.

Equity looks upon that as done which onght to haye been done.

1 Story, Eq. Jut. § 64p.

Equity wlll treat the subject-matter, as to collateral consequences and incidents, in the same manner as lf the final acts contemplated by the parties had bcen executed exactly as they ought to have been; not as the parties might have executed them. Id. Equity suffers not a right without a remedy.

4 Bouv. Inst no. 3726.