Equality

Possessing the same
rights, and being liable to the same du-
ties.

2. — Persons arc all equal before the
law, whatever adventitious advantages
some may possess over others. All
persons are protected by the law, and
obedience to it is required from all.

3. — Judges in court, while exercis-
ing their functions, are all upon an
equality, it being a rule that inter pa-
res non cst potestas ; a judge cannot,
therefore, punish another judge of the
same court for using any expression in
court, although the words used might
have been a contempt in any other per-
son, Bac. Ah., Of the court of sessions,
of justices of the peace.

4. — In contracts, the law presumes
the parties act upon a perfect equality ;
when, therefore, one party uses any
fraud or deceit to destroy this equality,
the party grieved may avoid the con-
tract. In ease of a grant to two or
more persons jointly, without designat-
ing what each takes, they are pre-
sumed to take in equal projjortions. 4
Day, 395.

5. — It is a maxim that, when the
equity of the parties is equal, the law-
must prevail. 3 Call, R. 259; and
that, as between different creditors,
equality is equity. 1 Page, R. 181.
See Karnes on Eq. 75. Vide Deceit;

Rrautl.

EQUINOX, the name given to two
periods of the year when the days and
nights arc equal ; that is, when the
space of time between the rising and
setting of the sun is one half of a natu-
ral day. Dig. 43, 13, 1, 8. Vide

Day. .....

EQUITABLE, that which is in con-

formity to the natural law. WoUT,
Inst. § 83.

Equitable estate, is the right of a
person who has not the legal title or
estate in land or property, but who is
the owner in equity, the legal title
Is'ing held by another for his benefit.
Vide Cestui que trust ; Cestui que use.

Equitable mortgage, Engl, law ,
is the deposit of title-deeds, by tho
owner of an estate, with a |>orson from
whom he has borrowed money, with
an accompanying agreement to exe-
cute a regular mortgage, or by the
mere deposit, without even any verbal
agreement res|x*cting a regular secu-
rity. 2 Pow. on Mort. 49 to 01 ; 1
Mad. Ch. Pr. 537; 4 Madd. K.249;
1 Bro. C. C. 269; 12 Vcs. 197; 3
Youngc & J. 150; 1 Russ. R. 141.

2. — In Pennsylvania, there is no
such a thing as an equitable mortgage.
3 P. S. R. 233 ; 3 Penna. R. 239 ;-17
S. & R. 70 ; 1 Penna. R. 447.

PiQUITY. In the early history of
the law, the sense affixed to this word
was exceedingly vague and uncertain.
This was owing, in part, to the fact,
that the chancellors of those days were
either statesmen or ecclesiastics, per-
haps not very scrupulous in the exer-
cise of power. It was then asserted
that equity was bounded by no certnin
limits or rules, and that it was alone
controlled by conscience and natural
justice. 3 Bl. Com. 433, 440, 441.

2. — In a moral sense, that is called
equity which is founded in natural jus-
tice, in honesty, and in right, ex. aquo
et bo?io. In an enlarged legal view,
“equity, in its true and genuine mean-
ing, is the soul and spirit of the law ;
positive law- is construed, and rational
law is made by it. In this, equity is
made synonymous with justice; in
that, to the true and sound interpreta-
tion of the rule.” 3 Bl. Com. 429.
This equity is said to be a supplement
to the laws; and nothing is, perhaps,
more correct and just, hut it must be
directed by science, without w hich the
magistrate must tremble to sit in the
temple of justice, and without which
his mind will wander in pursuit of a

EQU

EQU

515

phantom of equity purely imaginary.
The Roman law will furnish him with
the surest guides, and the safest rules;
here will be found fully develo|»ed the
first principles and the most conse-
quences of natural right. 4t From the
moment when principles of decision
came to bo acted upon in chancery,”
says Mr. Justice Story, “ the Roman
law furnished abundant materials to
erect a superstructure, at once solid,
convenient and lolly, adapted to human
wants, and enriched by the aid of hu-
man wisdom, experience and learning.”
Com. on Eq. Jur. § 23.

3. — But equity has a more restrained
and qualified meaning. The remedies
for the redress of wrongs, and for the
enforcement of rights, are distinguished
into two classes ; first, those which are
administered in courts of common law;
and, secondly, those which nre admin-
istered in courts of equity. Rights
which are recognised and protected,
and wrongs which are redressed by
the former courts, are called legal
rights and legal injuries. Rights which
are recognised and protected, and
wrongs which nre redressed by the
latter courts only, are called equitable
rights and equitable injuries. The
former are said to be rights and wrongs
at common law, and the remedies,
therefore, are remedies at common
law ; the latter are said to be rights
and wrongs in equity, and the reme-
dies, therefore, are remedies in equity.
Equity jurisprudence may, therefore,
properly be said to be that portion of
remedial justice which is exclusively
administered by a court of equity, as
contradistinguished from that remedial
justice, which is exclusively adminis-
tered by a court of law. Story, Eq.
§ 25. Vide Chancery , and the authori-
ties there cited; and 3 Chit. Bl. Com.
425 n. 1 ; Dane’s Ab. h. t. ; Ayl. Pand.
37 ; Fonbl. Eq. b. 1, c. 1 ; Wooddes.
Lect. 114.

Equity, court of. A court of
equity is one which administers justice,
where there are no legal rights, or
legal rights, and courts of law do not
afford a complete remedy, and where

the complainant has also an equitable
right. Vide Chancery.

Equity of bedkmptiox, is a right
which the mortgagee of an estate has
of redeeming it, after it has been for-
feited at law by the non-payment at
the time appointed of the money se-
cured by the mortgago to be paid, by
paying the amount of the debt, interest
and costs.

2. — An equity of redemption is a mcro
creature of a court of equity, tounded
on this principle, that as a mortgage
is nothing more than a pledge for secur-
ing the repayment of a sum of money
to the mortgagee, it is but natural jus-
tice to consider the ownership of the
land as still vested in the mortgagor,
subject only to the legal title of the
mortgagee, so far as such legal title is
necessary to his security.

3. — In Pennsylvania, however, re-
demption is a legal right. 11 Serg.
& Rawlc, 223.

4. — The phrase equity of redemption
is indiscriminately, though perhaps not
correctly applied, to the right of the
mortgagor to regain his estate, both
h eforc and after breach of condition.
In North Carolina by statute the former
is called a legal right of redemption ;
and the latter th a equity of redemption ^
thereby keeping a just distinction be-
tween these estates. 1 N. C. Rev. St.
266; 4 McCord, 310.

5. — Once a mortgage always a mort-
gage, is a universal rule in equity. The
right of redemption is said to be as in-
separable from a mortgage, as that of
replevying from a distress, and every
attempt to limit this right must fail.
2 Chan. Cas. 22; l Yern. 33, 190;
2 John. Ch. R. 30 ; 7 John. Ch. R.
40; 7 Crunch, R. 218; 2 Cowen,
324; 1 Yeates, R. 584; 2 Chan. R.
221 ; 2 Sumner, R. 487.

6. — The right of redemption exists,
not only in the mortgagor himself, but
in his heirs, and personal representa-
tives, and assignee, and in every other
person who has an interest in, ora legal
or equitable lien upon the lands ; and

| therefore a tenant in dower, a jointress,
, a tenant by the courtesy, a remainder-

510

ERR

EQU

man and u reversioner, a judgment
creditor, and every other incumbrancer,
unless he be nn incumbrancer pemlcntc
lilt may redeem. 4 Kent, Com. 156 ;
5 Pick. R. 149; 9 John. R. 591, 611 ;
9 Mass. R. 422 ; 2 Lift. R. 334 ; 1
Pick. R. 465; 14 Wend. R. 233; 5
John. Ch. R. 482 ; 0 N. H. Rep. 25;
7 Vin. Ab. 52. Vide generally, Cruise,
Dig. lit. 15, c. 3; 4 Kent, Com. 148;
Pow. on Mortg. ch. 1 0 and 1 1 ; 2
Block. Cum. 158; 13 Vin. Ab. 458;
2 Supp. to Ves. Jr. 368; 2 Jac. &
Walk. 194, n.; 1 Hill. Ab. c. 31 ; and
article StcUionatc .