(7) cooribution.—Equity will, in a proper ease. when one of several parties having at joint obligal ion has paid the obligation, compel the others 1,1 VIM( 111/111e pro rate to the payment. This ill...trine is most frequently applied among ru it's, but has n more extensive application; 1111.1 in s. me cases is npp;ied among parties who al law hove not inenrred 11 joint obligation. but “31 able are treated as though tlm it 111)(10Ft:thine were joint.
H. Jurisdiction affecting titles or other inter ests in properly may be classified as follows: (1) Bills to remove cloud on title. (2) Partition. (3) Bills to foreclose or redeem a tuortgage. (4) Bills to enforce liens. (5) Jurisdiction over uses and trusts. The first two of these classes relate only to title or interest in real property. The others, although of primary importance in that connection, may also relate to title or in terest in personal property.
(1) Bills to Remove Cloud on exercises its jurisdiction to compel the cancella tion of any invalid document or record which, because of its apparent validity, creates a cloud, or apparent defect, in the title of the plaintiff. As has been pointed out, the form of relief is analogous to that granted upon bills quia. timet. Strictly, however, the relief granted is not for the purpose of preventing a future attack upon the plaintiff's title, but for the purpose of aid ing the plaintiff to secure a present marketable title to his real estate.
(2) Partition.—Equity early took jurisdic tion to compel a partition of real estate held by joint tenants or tenants in common on the peti tion of any of them. It might accomplish this result by a division of the land among the sever al tenants by means of mutual conveyances, or by directing a sale of the land and a division of the proceeds.
(3) Bills to Foreclose or Redeem a Mortgage. —This was one of the early forms of supple mentary jurisdiction, and is a typical example of the growth and development of the equity system. See EQUITABLE ESTATE; FORECLOSURE; MORT (;AGE.
(4) Bills to Enforce Liens.—At common law the various forms of lien gave the lienor the right only to retain possession of the property which was subject to the lien. (See LIEN.) Equity exereised its jurisdiction to enforce common-law liens by judicial sale of the property, unless the defendant before the decree paid the amount due upon the lieu. Equity also recognizes and en
forces as liens mere agreements for a lien or mortgage which fall short of ereating a common. law lien. See EQUITABLE AIORTGAGE.
(5) Jurisdiction freer Uses arid though this form of jurisdiction is in many ways analogous to the jurisdiction of equity over con tract rights, its basis is the obligation which equity imposes on the trustee to hold the legal title of property for the benefit of another. For the purpose of (greeting this result, equity com pels tire trustee to do any requisite act. It may compel him to eonvey the trust property or to aeoonint for its proceeds. It regards the interest of the beneficiary as analogous to a property in terest at law, and as subject to analogous rules of III. Jurist/h./ion fur .lid of .1ctions at Lair.— In two classes of cases equity came to the assist :oleo of parties to net ions at law. The assistance was rendered by means of ( I ) bills of discovery, and (2) bills to perpetuate testimony.
(1) Bills of I) isenrcry.-1 t often happened that a party to an aetion at la W was unable (either because of the rules of evidence or because of Iris inability to secure evidence in advance of a trial I properly to prepare his ease for trial or to prove his ease at the trial. Equity came to his aid by compelling the defendant, in a proper ease, to 'make discovery' of the matter relevant to the trial at law. The effect was to compel the defendant to give to the plaintiff (in equity) the information which he sought, and to supply him with 'admissions' by the defendant (in equity), which euuld lie used as evidence at the trial at law. See ErnuffsfcE.
(2) Bills to Perpetuate Testimony.—Equity early exercised its jurisdiction to take the testi mony of witnesses to be used on the trial of an action at law. It might do this either on the ground that the witness was aged or infirm, and that his testimony might not be obtainable at the trial at law, or because the plaintiff in equity, being a prospective defendant at law, feared that the plaintiff would postpone the action at law until the evidence was lost. This form of relief is analogous to bills quia unmet, but is remedial rather than preventive.