Principles of Equity. Henry Home, Lord Kames
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deeds and covenants,
SECT. 1. Where will is imperfectly expressed in the writing,
Art. 1. Where the words leave us uncertain about will,
Art. 2. Where the words are short of will,
Art. 3. Where the words go beyond will,
SECT. 2. Implied will,
SECT. 3. Whether an omission in a deed or covenant can be supplied,
SECT. 4. A deed or covenant that tends not to bring about the end for which it was made,
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SECT. 5. Equity with respect to a deed providing for an event that now can never happen,
SECT. 6. Errors in deeds and covenants,
SECT. 7. A deed or covenant being void at common law as ultra vires, can a court of equity afford any relief,
SECT. 8. Where there is a failure in performance,
SECT. 9. Indirect means employed to evade performance,
CHAP. V. Powers of a court of equity to remedy what is imperfect in common law with respect to statutes,
SECT. 1. Where the will of the legislature is not justly expressed in the statute,
Art. 1. Where the words are ambiguous,
Art. 2. Where the words fall short of will,
Art. 3. Where the words go beyond will,
SECT. 2. Where the means enacted fall short of the end purposed by the legislature,
SECT. 3. Where the means enacted reach unwarily beyond the end purposed by the legislature,
CHAP. VI. Powers of a court of equity to remedy what is imperfect in common law with respect to matters between debtor and creditor,
SECT. 1. Injustice of common law with respect to compensation,
SECT. 2. Injustice of common law with respect to indefinite payment,
SECT. 3. Injustice of common law with respect to rent levied indefinitely,
CHAP. VII. Powers of a court of equity to remedy what is defective in common law with respect to a process,
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CONTENTS.
VOLUME II.
BOOK I. PART I.
CHAP. VIII. Powers of a court of equity to remedy what is imperfect in common law with respect to legal execution,
SECT. 1. Where the common law is defective,
Art. 1. Subjects that cannot be attached by the executions of common law,
Art. 2. Circumstances where even common subjects are withdrawn from these executions,
Art. 3. These executions are in some cases imperfect,
Art. 4. They serve only to make debts effectual, and give no aid to other claims,
SECT. 2. Where the common law with respect to execution is oppressive or unjust,
APPENDIX TO CHAPTER VIII.
CHAP. IX. Powers of a court of equity to inflict punishment, and to mitigate it,
PART II. Powers of a court of equity to remedy the imperfection of common law with respect to matters of justice that are not pecuniary,
CHAP. I. How far a covenant or promise in favour of an absent person, is effectual,
CHAP. II. Powers of a court of equity to repress immoral acts that are not pecuniary,
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BOOK II.
Powers of a court of equity founded on the principle of utility,
CHAP. I. Acts in themselves lawful reprobated in equity as having a tendency to corrupt morals,
CHAP. II. Acts and covenants in themselves innocent prohibited in equity, because of their tendency to disturb society, and to distress its members,
CHAP. III. Regulations of commerce, and of other public concerns, rectified where wrong,
CHAP. IV. Forms of the common law dispensed with in order to abridge law-suits,
CHAP. V. Bonafides as far as regulated by utility,
CHAP. VI. Interposition of a court of equity in favour even of a single person to prevent mischief,
CHAP. VII. Statutes preventive of wrong or mischief extended by a court of equity,
CONCLUSION of Book II. Justice and Utility compared,
BOOK III.
Application of the principles of equity and utility to several important subjects,
CHAP. I. What equity rules with respect to rents levied upon an erroneous title of property,
CHAP. II. Powers of a court of equity with respect to a conventional penalty,
CHAP. III. What obligations and legacies transmit to heirs,
CHAP. IV. Arrestment and process of forthcoming,
CHAP. V. Powers of a court of equity with relation to bankrupts,
CHAP. VI. Powers and faculties,
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CHAP. VII. Of the power which officers of the law have to act extra territorium,
CHAP. VIII. Jurisdiction of the court of session with respect to foreign matters,
SECT. 1. Personal actions founded on foreign covenants, deeds, or facts,
SECT. 2. Foreign covenants and deeds respecting land,
SECT. 3. Moveables domestic and foreign, and their legal effects,
SECT. 4. Debts whether regulated by the law of the creditor’s country or that of the debtor,
SECT. 5. Foreign evidence,
SECT. 6. Effect of a statute, of a decree, of a judicial conveyance, or legal execution, extra territorium,
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EXPLANATION of Some SCOTCH Law Terms Used in This Work
Adjudication, is a judicial conveyance of the debtor’s land for the creditor’s security and payment. It corresponds to the English Elegit.
Arrestment, defined, book 3, chap. 4.
Cautioner, a surety for a debt.
Cedent, assignor.
Contravention, an act of contravention signifies the breaking through any restraint imposed by deed, by covenant, or by a court.
Decree of forthcoming, defined, book 3, chap. 4.
Fiar, he that has the fee or feu; and the proprietor is termed fiar, in contradistinction to the liferenter.
Gratuitous, see Voluntary.
Heritor, a proprietor of land.
Inhibition, defined, book 3, chap. 4.
Lesion, loss, damage.
Pursuer, plaintiff.
Propone, to propone a defence, is to state or move a defence.
Reduction, is a process for voiding or setting aside any consensual or judicial right.
Tercer, a widow that possesses the third part of her husband’s land as her legal jointure.
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Voluntary, in the law of Scotland