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Better Equity

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

A term applied in English equity jurisprudence to the equity of a second incumbrancer taking a security which a prior incumbrancer did not; where the security was of a nature to protect him against any subsequent dealing to his prejudice by the party who had the legal estate; such better equity giving him a priority of clthn * 1 Chiit, Gen. Pr. 470, note.

3 Russel Vs R. 1 — 65.

A party may sometimes gain a better equity by giving notice of an incumbrance held by him.

1 Chitt, Gen, Pr, 4Y0.