Equity jurisdiction has now been extended so as to allow an equity court, in some cases, to act strictly in rem. This happens when a mortgage is foreclosed and sold in a proceeding before this court and a master's deed given to the purchaser.

The right of equity to act in personam, however, has been in no way abridged.

SECTION 12. BETWEEN EQUAL EQUITIES, THE LAW WILL PREVAIL.

Where the equities are equal there is no reason for equity to favor one over the other, and the one with the legal title will therefore prevail.

Thus "where a debtor promised to secure two creditors holding equal claims, one of them, who obtained a conveyance, was held to have thereby acquired a legal advantage over the other which gave him the priority." As between two tax purchasers having equal equities one who had obtained the legal title through a sheriff's deed was awarded priority." 18 19 SECTION 13. BETWEEN EQUAL EQUITIES PRIORITY OF TIME WILL PREVAIL.

This maxim is closely connected with the preceding one, and also with the maxim that equity "aids the vigilant and not those that slumber on their rights." This is a very old maxim but will only be applied where there is nothing else to enable equity to decide between the parties.

SECTION 14. HE WHO COMES INTO EQUITY, MUST

COME WITH CLEAN HANDS.

Under this maxim equity will refuse to grant any relief to anyone who has been guilty of any unlawful

17 Phillips vs. Crammond, 2 Wash.

(U. S.), 441. Maina vs. Elliott, 51 Cal., 8.

19 Am. & Eng. Ency. of Law, Vol. XI, p. 189.

or inequitable conduct in the matter relative to which he seeks relief. Equity will neither aid in the consummation of inequitable acts, nor relieve against the consequences of misconduct.

This maxim will be applied in divorce cases where the complainant has either been guilty of improper actions, or has used improper methods for obtaining evidence.20 A party is never entitled to equitable relief when he has been guilty of practices in the matter similar to those against which he seeks protection or redress.21

SECTION 15. HE WHO SEEKS EQUITY MUST DO EQUITY.

This maxim means that all persons seeking equitable relief must accord to the other parties concerned all the equitable rights in the subject matter to which they are entitled. Under this principle one who has failed to perform his own obligations under a contract, cannot compel the other to perform.22

In cases where this maxim applies the bill should contain an offer to do equity. In bills for specific performance, and for some other purposes, such an offer is implied.

"The principal applications of the maxim are in suits to rescind contracts or to avoid other transactions, where plaintiff is required to restore benefits received and place other parties in statu quo,23 election,24 marshalling, 25 in bills for relief against usury,20 and

20 Van Voorhies vs. Van Voorhies,

94 Mich., 761; Woodward vs.
Woodward, 41 N. J. Eq., 224.
1 Sincheimer vs. United Garment
Workers of America, 77 Hun.
(N. Y.), 215.

2 Wood vs. Perry, 1 Barb., 114;
Baltimore vs. Chesapeake, etc.,

Telephone Co., 92 Md., 692; 48 Atl., 465.

23 Stewart vs. Ludwick, 29 Ind., 230.

24 See Descent and Distribution, 14 Cyc., 1, Wills.

"See Marshal of Assets and Securities.

26 Corby vs. Bean, 44 Mo., 379.

before the married women's acts in enforcing the wife's equity to a settlement." The adverse equity which must be satisfied is sometimes raised by estoppel.

99 28 29

30

The application of this maxim is not limited to the complainant; it is available against a cross-defendant, and sometimes even against a defendant. The Supreme Court of the United States said on this last point in the case of Brown vs. Lake Superior Iron Co.: 31

"The maxim 'He who seeks equity must do equity,' is as appropriate to the conduct of the defendant as to that of the complainant; and it would be strange if a debtor, to destroy equality and accomplish partiality, could ignore its long acquiescence and plead an unsubstantial technicality to overthrow protracted, extensive, and costly proceedings carried on in reliance upon its consent. Surely no such imperfection attends the administration of a court of equity. Good faith and early assertion of rights are as essential on the part of the defendant as of the complainant."

SECTION 16. EQUITY CONSIDERS THAT AS DONE WHICH OUGHT TO BE DONE.

This maxim will only be applied in favor of the person for whose benefit the act should have been done. A person who should have done any act but fails to do so, can never have the benefit of the principle contained in this maxim. The most important application of this maxim is found in equitable conversion.

"See Husband and Wife.

28 Powell vs. Thomas, 6 Hare, 300; 31 Eng. Ch., 300.

2016 Cyc., 143.

30 Brighton vs. Doyle, 64 Vt., 616. 31 134 U. S., 530.

SECTION 17.

EQUITY IMPUTES AN INTENTION TO FULFILL AN OBLIGATION.

Under this maxim where a person, owing a certain obligation, does an act which may, or may not, have been intended as a fulfillment of such obligation, equity will presume that it was so intended. The application of this doctrine is almost entirely confined to the case of resulting trusts.

SECTION 18. OTHER MAXIMS.

The eight following additional equitable maxims are sometimes found:

Equity will not permit a trust to fail for the want of a trustee.

It is equity, that should make satisfaction, which received the benefit.

It is equity, that should have satisfaction, which received the loss.

Equity relieves against accidents.

Equity prevents mischief.

Equity prevents multiplicity of suits.

Equity regards length of time.

Equity suffers not advantage to be taken of a penalty or forfeiture, where compensation can be made.

DIVISIONS OF EQUITY.

SECTION 19. IN GENERAL.

Equity jurisdiction may be divided into four great divisions as follows:

(a) Equitable titles.

(b) Equitable rights.

(c) Those cases where equity takes jurisdiction on account of the character or number of the parties. (d) Equitable remedies.

SECTION 20. EQUITABLE TITLES.

In some cases the legal title is in one party, while the beneficial right of ownership belongs to another. In such cases the law courts only recognize the legal title, and the protection of the beneficial right of ownership is left to the courts of equity. Titles recognized by courts of equity but not by courts of law are called equitable titles.

Equitable titles include the following:

"Trusts; married women's separate property; equitable interests arising from the operation of the doctrine of conversion; equitable estates or interests arising from mortgages of real or of personal property, and from pledges of chattels or securities; equitable liens on real and on personal property; equitable interests of assignees arising from assignments of things in action, possibilities, and the like, not assignable at law, or arising from transactions which do not at law operate as assignments."