Equity

A system of jurisprudence collateral to, and in some respects, independent of law, properly so called; the object of which is to render the administration of justice more complete, by affording relief where the courts of law are incompetent to give it, or to give it with effect; or by exercising certain branches of jurisdiction independently of them. This is equity in its proper modem sense; an elaborate system of rules and process, administered in many cases by distinct tribunals (termed courts of chancery) and with exclusive jurisdiction over certain subjects. It is "still distinguished by its original and animating principle, that no right should be without an adequate remedy," and its doctrines are founded upon the same basis of natural justice; but ils action has become systematized, deprived of any loose and arbitrary character which might once have belonged to it, and as carefully regulated by fixed rules and precedents as the law itself. It is also no longer a mere principle or even system of interpretation, but a system of practical remedy, remarkably direct and thorough in its operation, from its close investigation of facts, and its precise adaptation of remedies. This quality is due perhaps to the peculiarity of its process, or mode of procedure, which is according to the course of the civil law, and is regarded by Blackstone as the chief characteristic of the whole system. 3 Bl, Com. 436. Equity, in this view, has become in many respects a distinct branch of jurisprudence and the exclusive jurisdiction it possesses over certain subjects, as trusts, infants and the specific performance of contracts, has tended to make it emphatically such. But in other important particulars it retains its original character of an auxiliary and even dependent system. Over certain important subjects, as fraud, accounts, mistaked accident, its jurisdiction is merely concurrent with that of the common law, and its essential dependence on the law is well expressed by the maxim, aqt Uias seqt Utur lepem, (q. v.) Baii7 ftiws Iaw, 1 Story* s Eq. Jur, § 64. Equity adopts and follows the rules of law in all cases to 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. Id. ibid. A leading maxim of equity jurisprudence, which, however is not of universal application, but liable to many exceptions. Id, §§ 64 — 64 b. See Bniiy lolu ( tkat mm dlmie whicli oaght to hare bMdlon . 1 Story*8 Eq, Jur, § 64 g. Equity will treat the subject matter, as to collateral consequences and incidents, in the same manner as if the final acts contemplated by the parties had been executed exactly as they ought to have been; not as the parties might have exeeuted them. Id, Ibid. Se who aoelu cqnity aiavt dio oqvlty. 1 Story's Eq, Jur. § 64 e. He that will have equity done to him [by another,] must do it to the same person. Francis' Max, 1. He that hath contaiittedl iaiqaity ahall not haremitj. Francis* Max, 5, max. 2. Where eaitj ! eqaal, the law aiaat prerail. Francis' Max, 6, max. 14.