EQUITY. The name equity was given to that supplemental law which was formerly administered exclusively in the Chancery Courts of England, and which was designed to work out substantial justice in cases where that could not be obtained normally in the common law courts. The common law became very strict and narrow at a very early period, and if a suitor could not bring his case in such a form as to fall within one of the recognized writs, he was without a remedy. For example, the common law courts had no provision for the preventing of wrongs, however imminent they might be. Here the Chancery Court could step in, and by injunction against the person threatening a wrong, cover this con tingency. A body of law subsidiary to the common law therefore arose, whose administra tion was in the hands of the Chancellor (q.v.). Hence arose the curiosity presented for an extended period in English legal history, in which a suitor's chances of success depended largely upon the particular court in which he brought his action. The existence of this body of law led ultimately to scandals and vexatious delays; the rules of equity varied at different periods, depending a good deal upon the per sonal idiosyncrasies of the Lord Chancellor for the time being, and justifying Selden's sneer, that /they should make the standard for equity the Chancellor's foot." Between the 17th century and the beginning of the 19th cen tury, however, equity became almost as fixed as the common law, but the systems were always kept distinct until the passing of the Judicature Acts of 1873 and 1875, under which they were consolidated. Since 1875 law and equity have been administered equally to all the divisions of the High Court of Justice, and if there is any conflict between the rules of law and equity, those of equity are to prevail.
After the Revolution, the States of the American Union continued the English system; but while some of them have kept strictly to that system and have distinct courts of law and of equity, other States have law and equity administered by the same judges and courts, at one time sitting as courts of law and at another time as courts of equity.
Some of the rules and maxims of equity are: "Equity considers that as done which ought to be done." /Equity acts in "He who comes into equity must do so w;th clean hands." /Between equal equities priority of time will prevail.° /Between equal equities the law will prevail.* allo right without a remedy.* 4When a court of equity has once
acquired jurisdiction of a cause it will continue to act until the matter is finally disposed of.° Equity is divided into three great classes or divisions : Equitable titles, equitable rights and equitable remedies. Equitable titles are those which are recognized'only by a court of equity, as where, when a person gave a value for a chose in action which was assigned to him, the assignment was not recognized at law, as it would violate the rules against champerty and maintenance, but equity allows the assignee to bring suit in the name of the assignor. Equitable rights arise where a guardian enters into a transaction with his former ward a very short time after the ward has obtained his majority. If within a reasonable time the ward returns what he received from the guardian the guardian will, in equity, be compelled to return the property to the ward. Equitable remedies arise in those cases in which the law recognizes a right but cannot enforce it, as where a contract is made for the sale of a piece of property, if the seller refuses to con vey, the purchaser's remedy at law is for damages for breach of the contract; but in equity the court will decree specific perform ance. Generally this applies only to real estate, because if it is personal property, after the damages are recovered other personal property of the same kind can be purchased; but if the personal property is of such nature that it cannot be duplicated, such as a painting by a particular artist, equity will affirm relief in the way of specific performance.
Suits in equity are commenced by a bill or petition. The bill may be amended, or, if the proceeding have gone too far for that, a sup plemental bill may be filed. The defense is by demurrer, plea or answer. The judgment of the court is called a decree, and the relief granted is such as to affect all the parties, and is adapted to the facts and circumstances of that particular case. The general rules of evi dence are the same as in a proceeding at law, but the answer to the bill, if made under oath, is evidence for the defendant in so far as it is responsive to the bill.
Consult Kerly, D. M., 'Historical Sketch of the Equity Jurisdiction of the Court of Chancery' (London 1890) ; Pomeroy, J. N., 'Equity Jurisprudence as Administered in the United States' (3d ed. San Francisco 1905) ; Spence, G., 'Equity Jurisdiction of the Courts of Chancery' (2 vols. London 1846-49).