Equity in Pennsylvania From the Historical Point of View
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In our eReader you can find the full English version of the book. Read Equity in Pennsylvania From the Historical Point of View Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Equity in Pennsylvania From the Historical Point of View
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Similarly, a plain- tiff was allowed to maintain an action based upon an equitable right in himself, making the action a substitute for a bill in chancery. The sustaining of an action not grounded upon a legal right was, of course, a common law solecism; but this was done under the maxim that equity regards that as done which ought to be done; that is to say, for the purpose of sustaining the action the court would, according to the doctrine that in fictione juris semper subsisiit aequitas, pre...sume that the defendant had done whatever was necessary to invest the plaintiff with the right to sue.
A most interesting illustration of this practice is found in the case of Martzell v. Stauffer, 3 P. & W. 398, (1832).
The father of the plaintiff had by his will created a trust for the benefit of the latter, who was a habitual drunkard.
Under the will a certain fund was set aside, the income of which was to go for the benefit of the plaintiff, and the 25 executors were to appoint a trustee to handle that fund.
What to read after Equity in Pennsylvania From the Historical Point of View?
You can find similar books in the "Read Also" column, or choose other free books by James Irwin Brownson to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Similarly, a plain- tiff was allowed to maintain an action based upon an equitable right in himself, making the action a substitute for a bill in chancery. The sustaining of an action not grounded upon a legal right was, of course, a common law solecism; but this was done under the maxim that equity regards that as done which ought to be done; that is to say, for the purpose of sustaining the action the court would, according to the doctrine that in fictione juris semper subsisiit aequitas, pre...sume that the defendant had done whatever was necessary to invest the plaintiff with the right to sue.
A most interesting illustration of this practice is found in the case of Martzell v. Stauffer, 3 P. & W. 398, (1832).
The father of the plaintiff had by his will created a trust for the benefit of the latter, who was a habitual drunkard.
Under the will a certain fund was set aside, the income of which was to go for the benefit of the plaintiff, and the 25 executors were to appoint a trustee to handle that fund.
What to read after Equity in Pennsylvania From the Historical Point of View?
You can find similar books in the "Read Also" column, or choose other free books by James Irwin Brownson to read onlineMoreLess
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