| New Jersey. Court of Chancery - 1885 - 678 halaman
...as done which ought to have been done, which means that equity will treat the subject-matter, as to collateral consequences and incidents, in the same...been executed exactly as they ought to have been. 1 Story's E(j. § 64 fj- Having ascertained the agreement between the parties exactly as it should... | |
| Joseph Story - 1839 - 658 halaman
...ought to be done. The true meaning of this maxim is, that Equity will treat the subject matter, as to collateral consequences and incidents, in the same...been; not as the parties might have executed them. 6 But Equity will not thus consider 1 Grounds and Rudim. of the Law, M. 91, (edit. 1751) ; Petit r.... | |
| Samuel Warren - 1845 - 1174 halaman
...been done, Equity looks upon as done. That is to say — Equity will treat the subject matter, as to collateral consequences and incidents, in the same...had been executed exactly as they ought to have been done, not as the parties might have executed them. But Equity will not thus consider things in favour... | |
| James Philemon Holcombe - 1846 - 376 halaman
...Equity looks upon that as done, which ought to be done? Equity will treat the subject matter as to collateral consequences and incidents, in the same manner as if the final acts, 1 This maxim is strikingly illustrated in the aversion, with which Courts of Equity view the doctrine... | |
| John Jane Smith Wharton - 1848 - 726 halaman
...meaning of which maxim is this : — that eq'iiiy will treat the subject, as to collateral conséquences and incidents, in the same manner as if the final acts contemplated by the parties, ha>l been executed exactly as they ought to hate been done, and not as the parties might have executed... | |
| John Bouvier - 1854 - 756 halaman
...Equity looks upon that as done, which ought to be done. Equity will, therefore, treat the subject as to collateral consequences and incidents, in the same...have been, not as the parties might have executed them.(d) 3734. — 8. It is a maxim, that the fund which has received the benefit should make satisfaction.... | |
| Illinois. Supreme Court - 1863 - 652 halaman
...1, p. 775. Equity will treat subject matter, as to collateral conseJennings v. Smith et al. quences and incidents, in the same manner as if the final...acts contemplated by the parties had been executed. Story's Eq. Juris., sec. 6ig, sec. 790 and note; sees. 1212, 1213, 1214, 1215, 1216. Money devised... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 halaman
...Jurisprudence, says : " The true meaning of this maxim is, that equity will treat the subject as to collateral consequences and incidents, in the same...been ; not as the parties might have executed them." (Eq. Jur. § 64, g.) Upon the same principle, equity constantly treats land as money, or money as land,... | |
| Joseph Story - 1866 - 860 halaman
...have been done. The true meaning of this maxim is, that equity will treat the subject-matter, as to collateral consequences, and incidents, in the same...have been ; not as the parties might have executed them.1 But equity will not thus consider things in favor of all persons ; but only in favor of such... | |
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