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" That doctrine is founded on the principle that equity regards that as done which ought to have been done, and the nature of the property is considered as changed for the purposes of the will. "
The Law of Real Property in Illinois - Σελίδα 1470
των Edward Jenkins Whitehead - 1922 - 2792 σελίδες
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Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 28

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1905 - 618 σελίδες
...fulfilled or waived before rights in or to the contract can vest or be legally asserted. The maxim that "equity regards that as done which ought to have been done" can here have no application, as contended for by counsel. Osterman v. Grand Lodge (Cal.), 43 Pac....

American Law Magazine, Τόμος 5

1845 - 500 σελίδες
...legal conveyance is presumed to have been .made, when it was the duty of the trustee to make it on the principle, that equity regards that as done, which ought to have been done, as it would not be equitable to suffer the party for whose benefit the trust was created, to be injured...

Decisions of the First Comptroller in the Department of the ..., Τόμος 5

United States. Comptroller of the Treasury - 1884 - 680 σελίδες
...administrator. The consideration of this question involves the doctrine of equitable conversion, which, founded upon the principle that "Equity regards that as done which ought to be done," applies not only when the owner of property absolutely directs or stipir lates that its uatnro...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 114

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888 - 676 σελίδες
...to which equity gave the appellant a claim went into the land, into the land equity will follow it. "Equity regards that as done which ought to have been done," and upon this maxim rests many of the most salutary rules of equity, and among them that of equitable conversion....

The Pacific Reporter, Τόμος 17

1888 - 972 σελίδες
...equity follows the law means that equity adopts the analogies furnished by the ruli'S of law. The maxim that equity regards that as done which ought to have been done finds its application in cases of the equitable con version of property, and where the act is not illegal,...

The American State Reports: Containing the Cases of General Value ..., Τόμος 5

Abraham Clark Freeman - 1889 - 1002 σελίδες
...which equity gave the appellant a claim went into the land, into the land equity will follow it. " Equity regards that as done which ought to have been done," and upon this maxim rests many of the most salutary rules of equity, and among them that of equitable conversion....

The American and English Encyclopedia of Law, Τόμος 19

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1892 - 1218 σελίδες
...Freyberg, 32 Fed. Rep. 195; French v. Spencer, 21 How. (US) 228. This rests partly upon the equitable maxim that "equity regards that as done which ought to have been done." See EQUITY, vol. 6, p. 705, and cases cited. Therefore where a party aliened his equitable interest...

A Treatise on General Practice: Containing Rules and Suggestions ..., Τόμος 1

Byron Kosciusko Elliott, William Frederick Elliott - 1894 - 918 σελίδες
...are here considering proceed upon a principle closely akin to that of equity expressed in the maxim, that equity regards that as done which ought to have been done. The implied, though not expressed, assumption is that the court ought to have entered the judgment...

Reports of Cases Heard and Determined in the Appellate Division ..., Τόμος 175

New York (State). Supreme Court. Appellate Division - 1917 - 1196 σελίδες
...accruing on the part thereof apportioned to the State shall belong to the State of New York." The law regards that as done which ought to have been done and the deputy commissioners of excise by failing to divide the moneys until after the expiration of ten days...

Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Τόμος 23

New York (State). Courts - 1898 - 882 σελίδες
...attempted act of payment was not fully executed. Nor can it be claimed as an equitable appropriation on the principle that equity regards that as done which ought to have been done. The plaintiff has no equitable claim to a preferential payment. Just Supreme Court, May, 1898. [Vol.23....




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