Jurisdiction in which the relief is remedial is characterized by various forms of relief which seek, not to prevent threatened injuries, but rather to provide remedies for past wrongs more complete than the legal remedy, if any, or seek to confer upon the plaintiff rights not recog nized at law. Owing to the divers* character of these various forms of jurisdiction, it is impos sible to classify them in a scientific manner. They may, however, be roughly grouped as fol lows: I. Jurisdiction affecting contracts and analo gous rights. II. Jurisdiction affecting title or other interests in real property. M. Jurisdic tion in aid of actions at law.
I. Jurisdiction affecting contracts and analo gous rights may be again roughly classified as follows: (1) Specific performance of contract. (2) Reformation and rescission of contracts and deeds. (3) Marshaling. (4) Subrogation. (5) Creditor's bills. (6) Bills for an account. (7) Bills to compel contribution. Of them it may be observed that in each caAe the relief granted may, and frequently does, affect incidentally title or other property interests. In each case, how ever. the basis of equitable action is to protect or enforce a contract or analogous right.
(I ) Specific per of contract will be compelled by equity when legal damages for the breach of contract would be inadequate. And, given a case when equity would compel per formance of a contract by one party to it, it will—upon the so-called doctrine of mutuality— compel performance by the other. although his performance consists merely in the payment of a sum of money. Equity will not, however, emu pel performance of contract of a purely personal nature. as contract to marry, or to form a part nership; nor will it compel performance of con tracts which would require the active super vision of the court over the performance, as a contract of building,.
(2) Reformation and Reseission.—Equity exer cises its jurisdiction generally over contracts and deeds to make them conform to the intention of the parties. Whenever a term of a written con tract is incorporated in or omitted from it by mistake,equity w ill compel a reformation. or. inure properly, a reexecution of the contract in accord ance with the intention of the parties. Where a contract is tainted with fraud, or there is a mis take preventing a meeting of the minds of the par ties. a court of equity will declare the contract rescinded. and compel its cancellation by the par ties to it. (See l'recun Upon simi lar principles. equity will sometimes compel the
execution of new documents to replace lust docu ments which are necessary to a claim of title.
.3) I/ars/la/Mg in equity is rather a general doctrine or rule of procedure than a specific form relief. Briefly stated, the doctrine is that he who has two funds to satisfy his demands shall not by his election to resort to one fund deprive another of his security who has only one of the two funds to satisfy his demand. Thus. in the of suretyship, if one of the two sureties holds eollateral security for his contract of suretyship, although both. on payment of the principal debt, are entitled to the security of the creditor's obligation. equity will compel the first to resort to Iris collateral security in order not to deprive the other of the benefit of the creditor's security. (See S•RETYSHIP.) Equity applies this doctrine consistently. using any appropriate form of re lief in order to accomplish the desired result.
(4) Subrogation is also an equitable doctrine rather than a speeitie form of relief, and not one of universal application. In certain eases equity will. for the purpose of working justice, treat one who has paid tire debt of another as an assignee of the debt or claim, in which ease he is said to be subrogated to the debt or claim. Thus. one who has loaned money to a corporation under an ultra rims contract, for the purpose of paying lawful debts of the corporation, may in equity he subrogated to the claims of those cred itors whose claims are so paid, in order to avoid the injustice of denying him a rem\ ery of the money loaned. The necessary limitations of this firth* will not permit a full discussion of this topie here.
(5) criditor%s Hills. Equity will compel a re conveyance of properly conveyed by a judgment debtor in fraud of his creditors, using the appro priate remedy to subject the property to the plaintiff's judgment.
emu?, s.—Equity will, in a proper ease, compel a defendant to state an account to the plaintiff, and then compel payment of the amount so found to he 1111P. ( See Acco•x•r.) This relief may be obtained on the ground that the de fendant is a trustee or tidociary, who is peculiar ly the subject of equity jurisdiction. or that the account is too involved and eomplicat(id to he properly dealt with by a court of law. This form of relief is to be IliAinguished from the now ole.olete action of account at common law.