Law Dictionary

Possession of an equitable interest in land.

it is for that court—not without appropriate regard for rights acquired under rules of state law—to define and apply federal law in determining the extent to which the inequitable

A surety liable only for part of the debt does not become subrogated to collateral or to remedies available to the creditor unless he pays the whole debt or it is otherwise satisfi

the term “equitable tender” means the practice of the Postal Service of equitably distributing mail on a fair and reasonable basis between those air carriers that offer equivalent

lands sold by the United States may be taxed before they have parted with the legal title by issuing a patent … as applicable to cases where the right to the patent is complete, an

The ward or the beneficiary of a trust may, at his option, follow the trust res fraudulently diverted until it reaches the hands of an innocent purchaser for value, or he may, at h

Injury to the inheritance, the remainder or reversion. See 193 111. 372, 55 L. R. A. 701, 62 N. E. 210.

no more than that the rules of law applicable to the case shall be construed liberally in favor of the claimants.

Equity follows the law. See 170 Mo. 531, 62 L. R. A. 427, 71 S. W. 337.

In old English law. Needful equipments for riding or travehng.

Traditionally, equity has been characterized by a practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs.

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,

The chancery of England has, it is true, taken cognizance of cases respecting land in Ireland and the colonies, but in such cases it never attempts to act directly upon the land it

On the other hand it may with equal safety be laid down as a general rule that a defence cannot be set up in equity which has been fully and fairly tried at law, although it may be

The term “equity base” means an amount determined in the manner prescribed by regulations equal to— (A) the surplus and capital, (B) adjusted as provided in paragraphs (3), (4), (5

the term “equity capital” means common and preferred stock, surplus, undivided profits, contingency reserves, and other capital reserves; / The term "equity capital" mean

Every court of equity possesses the power to mould its rules in relation to the time and manner of appearing and answering, so as to prevent the rule from working injustice; and it

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

Where a party asking its aid refuses to comply with the conditions on which that aid must depend, a Court is certainly correct in refusing its aid, and may dismiss the bill. But in

A court of equity ought to do justice completely, and not by halves.

Equity may be invoked to aid in the completion of a just but imperfect legal title, or to prevent the successful assertion of an unconscientious and incomplete legal advantage; but

the acts of congress have distinguished between remedies at common law and in equity; and that to effectuate the purposes of the legislature, the remedies in the courts of the Unit

The term “equity interest” means— (I) a share in an entity, without regard to whether the share is— (aa) transferable; or (bb) classified as stock or anything similar; (II) a capit

the arrest by the federal courts of the processes of the criminal law within the states, and the determination of questions of criminal liability under state law by a federal court

The term “equity investment” means— (A) any stock (other than nonqualified preferred stock as defined in section 351(g)(2)) in an entity which is a corporation, and (B) any capital

the objection that the bill does not make a case within the equity jurisdiction of a federal court goes not to the power of the court as a federal court, but to the merits.

The equity jurisdiction conferred on the Federal courts is the same that the High Court of Chancery in England possesses; is subject to neither limitation or restraint by State leg

courts of equity will interfere to compel the payment of alimony which has been decreed to a wife ... when a court of competent jurisdiction over the subject-matter and the parties

A court of equity has no jurisdiction over the prosecution, the punishment, or the pardon of crimes or misdemeanors. ... But a distinction obtains when it is found to be essential

The jurisdiction of a court of equity to reach the property of a debtor justly applicable to the payment of his debts, even when there is no specific lien on the property, is undou

A court of equity acting upon the person of a defendant may control the disposition of real property belonging to him situated in another jurisdiction, and even in a foreign countr

our jurisdiction in equity extends over frauds generally, and in a special manner one like this, to which it is doubtful whether any remedy existed by law when defending the origin

the jurisdiction has been finally sustained; upon the principle that equity can give more adequate and complete relief than can be obtained at law. Whilst, therefore, it is admitte

the jurisdiction of equity to avoid multiplicity of suits at law is restricted to cases where there would otherwise be some necessity for the maintenance of numerous suits between

Where the legislature declares certain instruments illegal and void, as the British annuity act does; or as the gaming acts do; there is inherent in the Courts of Equity a jurisdic

It must appear that the enforcement of the tax would lead to a multiplicity of suits, or produce irreparable injury, or where the property is real estate, throw a cloud upon the ti

whenever a creditor has a trust in his favor, or a lien upon property for the debt due him, he may go into equity without exhausting legal processes or remedies.

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.

For a court of equity looks to substance rather than to form.

the maxim is one which applies to him who affirmatively seeks equitable relief.

equity, which usually looks upon that as done which ought to have been done, would regard such a conveyance as actually made, and therefore treat the company as an assign.

More than a century ago... an advowson was decreed to be sold, at the instance of creditors, as assets descended... Lord Hardwicke decreed a sale of a moiety of the land to satisfy

the law does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or a careless indifference to the ordinary and accessible means of i

Where a class of cases is not within the words of a statute, but it is patent that it would have been included had it been within the mind of the legislature, it is included by con

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 equity of redemption is the real and beneficial estate in the land, and may be sold and conveyed in any of the ordinary modes of transfer, subject only to the lien of the mortg

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

The reason and spirit of it as aids to interpretation.

The term “equity option” means any option— (A) to buy or sell stock, or (B) the value of which is determined directly or indirectly by reference to any stock or any narrow-based se

The term “equity percentage” means, with respect to any mutual life insurance company, the percentage which— (i) the average equity base of such company (determined under this sect

See EQUITY; Answeb; Bill; Demubbeb; Plea.

the one generally known as an 'equity receivership,' whereby the assets of a corporation were committed to the custody of a court until the time should arrive when they could be re

A court of chancery will often refuse to enforce a contract, when it would also refuse to annul it; in such a case, the parties are left to their remedy at law.

The grounds upon which a court of equity proceeds are, that the rent is the object of the parties, and the forfeiture only an incident intended to secure its payment; that the meas

any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law; or of which he mig

Where a party has failed to make a proper defence at law through negligence, equity will not aid him. If by accident or fraud such a defence has been prevented, a court of equity m

In order to warrant the interposition of a court of equity to restrain the enforcement of a judgment at law, it is, of course, not sufficient for the defeated party to show that be

One of the duties of such a court is to prevent a multiplicity of suits, and to this end a court of equity, if obliged to take cognizance of a cause for any purpose, will ordinaril

The term “equity security” means— (A) share in a corporation, whether or not transferable or denominated “stock”, or similar security; (B) interest of a limited partner in a limite

The term “equity security holder” means holder of an equity security of the debtor.

The sitting of a court which also has a law side, as a court of equity.

The natural and just influence which a parent has over a child, renders it peculiarly important for courts of justice to watch over and protect the interests of the latter; and the

A court of equity does not interfere with judgments at law, unless the complainant has an equitable defence, of which he could not avail himself at law, because it did not amount t

The term “equity structure shift” means any reorganization (within the meaning of section 368). Such term shall not include— (i) any reorganization described in subparagraph (D) or

Same as Equity side.

The right of a wife, in an action by her husband to reduce to his possession an equitable estate falling to her, to have the court inquire into the circumstances of the marriage, t

equity will, for the purposes of justice, treat that to have been done, which ought to have been done.

The sixteenth section of the judiciary act of 1789 declares, 'that suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, ade

Courts of equity do not assist those whose condition is attributable only to want of due diligence, nor lend their aid to parties, who, having had a plain, adequate, and complete r

There must be a clear case of accident, surprise or fraud, before equity will interfere... a defendant sued at law on a contract alleged to be usurious, will not be entitled to a b

What constitutes equivalency must be determined against the context of the patent, the prior art, and the particular circumstances of the case. Equivalence, in the patent law, is n

Cite as: 590 U. S. 165 (2020) 201 Alito, J., dissenting "equal" in some respect, and "functional" signifes a relation- ship to a function.

The term “equivalent level of safety” means an alternative design or system (which may include automatic sprinkler systems), based upon fire protection engineering analysis, which

The term “equivalent or greater level of safety” means the compliance of a railroad carrier with— (A) appropriate operating rules in place immediately prior to the use or implement

the antecedent word 'tract,' and consequently also mean land.

a patentee in such a case may substitute another ingredient for any one of the ingredients of his invention if the ingredient substituted performs the same function as the one omit

Having a double sense. In the construction of contracts, it is a general rule that, when an expression may be taken in two senses, that shall be preferred which gives it effect. Se

A sort of rack used by the Romans to extort confessions.

A horse equipped with saddle and furniture.

The term “ER30” means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.

The term “ER40” means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.

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

See CLle Rice Convicro, ete. DE CLERICG INFRA YACROS OR- DINES CONSTITUTO NOW ELIGEN-

The followers of Erastus. The sect obtained much influence in England, particularly among common la-wyers in the time of Selden. They held that offenses against religion and morali

The obliteration of a writing, or part thereof. It will render it void or not under the same circumstances as an interlineation. See 5 Pet. (U. S.) 560; 11 Coke, 88; 4 Cruise, Dig.

I. In the civil law., To

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.

the term “ERCOT” means the Electric Reliability Council of Texas; and

the term “ERCOT utility” means a transmitting utility which is a member of ERCOT.

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

This term is generally used of a completed building. Mc Gary v. People, 45 N. Y. 153; Shaw v. Hitchcock, 119 Mass. 254; but it is held to be of wider import; it may include trade f

To plough.

ml interest, (q. v.) ‘RL ERENCEH. In patent law, this ignates a collision between rights or granted; that is, where a person patent for the whole or any integral he ground alreaiy

Therefore.

Therefore here.

In civil law. Undertakers of work; contractors. Code, 4, 59.

In the Brehon law. A pecuniary satisfaction or recompense, correspending in some degree with the weregild of the Saxon law, which a party guilty of murder was condemned to pay to t

frithbnrgus. In old English law. A kind of frank pledge, by which the lords or principal men were made responsible for their dependents or servants.

The great object of the Erie case was to secure in the federal courts, in diversity cases, the application of the same substantive law as would control if the suit were brought in

Erie R. Co. v. Tompkins decided that federal district diversity courts must try state created causes of action in accordance with state laws, designed to ensure that litigants with