A Practical Exposition of the Principles of Equity; Illustrated by the Leading Decisions Thereon. for Students and Practitioners

A Practical Exposition of the Principles of Equity; Illustrated by the Leading Decisions Thereon. for Students and Practitioners

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ..."a feme sole," at one stroke reduced the importance of this branch of equity to a very considerable degree. The possession of property by a. married woman free from the control of her husband, which was previously exceptional and dependent upon the doctrines deducible from a series of decisions in the Court of Chancery, at once became a general statutory right, so that thenceforth the first of the principles above stated remained of importance only for the limited purposes hereafter to be indicated. Still more completely was the principle which recognised a wife's equity to a settlement undermined, remaining, as we shall presently see, applicable only to women married prior to the commencement of the Act, and as to them only a small and rapidly vanishing class of proprietary interests. Under these circumstances, it becomes necessary for the writer, in dealing with the subject of married women's property, to concern himself mainly with the statute which now covers almost the whole of the questions concerned. And though for the prenent, at least, the equitable doctrines cannot be ignored, their exposition may be reduced in pro-. portion as has been their importance. The most convenient method of dealing with the subject under the altered conditions.will be, first, to review the equitable doctrines in the new light in which the statute law has placed them, and then to turn to the enaottment itself, adding such comments and explanations as may be required. Our first inquiry will be as to the manner of creating and as to the characteristics of equitable separate estate. I. Separate Estate in Equity. By a series of important decisions it was long ago determined that equity would treat a married woman as capable of owning property of...show more

Product details

  • Paperback
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236812034
  • 9781236812032