EQU

2 definitions found across Law Mind sources

EQUAuthored
The Law Mind • 466 words
Definition
"Equ" does not appear to be a complete legal term. The source material provided under this heading contains no entry for "equ" as a standalone term. The Burrill's Law Dictionary text supplied is a fragment from a separate entry — it describes the historical origin of the English "earl" (from the Norman/Anglo-Saxon "eorl" or "eorla"), referencing Spelman, Gilb. C. Pleas, and Blackstone's Commentaries — and does not define any term beginning with "equ." This entry cannot be completed as submitted because: 1. No source material defining "equ" was provided. 2. The dictionary text supplied is plainly excerpted from a different entry (likely EORL or EARL) and was associated with this heading in error. 3. "Equ" is not, by itself, a recognized legal term. It may be an abbreviation or fragment of a longer term — candidates include EQUITY, EQUITABLE, EQUITABLE TITLE, EQUITABLE ESTOPPEL, EQUATION, or others. ---
Why It Matters in Research
Researchers encountering "equ" as an abbreviation in historical legal documents or indices should exercise caution. Historical law dictionaries and older court records frequently employed Latin and Norman-French abbreviations that were not standardized across jurisdictions or time periods. An abbreviated form truncated to "equ" could plausibly refer to several distinct doctrines with very different legal consequences — equity of redemption, equitable relief, and equitable title being among the most common. Misreading or misassigning such an abbreviation can materially distort interpretation of the surrounding text. The fragment supplied from Burrill's — concerning the Anglo-Saxon "eorl" and its evolution into the English "earl" — is useful context for researchers working on early English feudal tenure, peerage, and the history of the Norman legal transplant into English common law, but it belongs to that subject area, not to any "equ" headword. ---
Historical Dictionary Support
Burrill's Law Dictionary, as excerpted in the source material, provides no definition for "equ." The text supplied reads as a continuation of an entry on EORL or EARL, citing Spelman's Glossarium (voc. Eorla), Gilbert's History of the Common Pleas (Introduction, notes), and Blackstone's Commentaries (1 Bl. Com. 398). These are real and reliable sources for the history of the English peerage, but they do not bear on any term "equ." The mismatch between the heading and the supplied text appears to be a cataloging or extraction error in the source data. ---
Related Terms
EARL — the English peerage title whose Anglo-Saxon origins are described in the associated Burrill's fragment EQUITY — the most likely intended referent if "equ" is an abbreviation in a legal research context EQUITABLE TITLE — common subject of equity jurisdiction research EQUITABLE ESTOPPEL — distinct equitable doctrine frequently abbreviated in practice EORL — Anglo-Saxon antecedent of the English earl; see SpelmanGlossarium
EQUmain
Burrill's Law Dictionary • 1867
(550) called epistola; commencing as a letter, with an address and salutation. Hence the origin of the ancient form of charters or deeds in England, which commenced with Normans. Hence the English earl. Spelman, voc. Eorla. Gilb. C. Pleas, Introd. notes. 1 Bl. Com. 398. See Earl. The corl or corle is mentioned in the laws of Canute, par. 2, c. 69. Spelman, ub. sup. Through-Omnibus Christi fidelibus ad quos hoc ignorance of the Saxon letters, this word is printed cople, in the French edition of Montesquieu's Spirit of Laws, (ed. Sarrebruck, 1782, liv. 30, c. 18,) and the error is retained in the English translation. (Am. ed. Worcester, 1802.) ( 551 ) ble with the payment of debts or legacies in equity; and which do not fall under the description of legal assets. 1 Story's Eq. Jur. 552. See Legal assets. § rational interpretation of its rules, or by adapting its remedies more exactly to the exigencies of particular cases. Otherwise termed civil equity. This definition presents equity as a part or branch of jurisprudence, but expresses its ancient more fully than its modern meaning, being founded essentially on the definition of (552) 294. Equity follows the law. Talbot, C. Cas. temp. Talb. 52. 1 Story's Eq. Jur. § 64. Equity adopts and follows the rules of law in all cases to which those rules may, in terms, be applicable. Equity, in dealing with cases of an equitable nature, adopts and follows the analogies furnished by the rules of law. Id. ibid. A leading maxim of equity jurisprudence, which, however, is not of universal application, but liable to many exceptions. Id. §§ 64-64 b. See Equitas sequitur legem. or even system of interpretation, but a sys669. See 20 Id. 523, 524-526. Id. tem of practical remedy, remarkably direct 552, 555. And see 3 Jones' Law R. 290, and thorough in its operation, from its close investigation of facts, and its precise adaptation of remedies. This quality is due perhaps to the peculiarity of its process, or mode of procedure, which is according to the course of the civil law, and is regarded by Blackstone as the chief characteristic of the whole system. 3 Bl. Com. 436. Equity, in this view, has become in many respects a distinct branch of jurisprudence, and the exclusive jurisdiction it possesses over certain subjects, as trusts, infants and the specific performance of contracts, has tended to make it emphatically such. But in other important particulars, it retains its original character of an auxiliary and even dependent system. Over certain important subjects, as fraud, accounts, mistake and accident, its jurisdiction is merely concurrent with that of the common law, and its essential dependence on the law is well expressed by the maxim, æquitas sequitur legem, (q. v.) **Under some systems of jurisprudence, equity, as already observed, is kept carefully distinct from law, being administered not only in distinct tribunals, but according to a peculiar course of procedure or practice. This is the case in England, and in some of the United States, and was so formerly in the state of New-York, and it has the sanction of the very highest authority. "All nations," says Lord Bacon, "have equity; but some have law and equity mixed in the same court, which is the worse; and some have it distinguished in several courts, which is the better." Bacon's Works, iv. 274. Under other systems, especially those of most modern date, not only is equity administered by the same courts, but according to the same course and practice. In New-York, the Code of Procedure has abolished all distinction between legal and equitable remedies, and blended them into one system, combining, or professing to combine the principles peculiar to each. 4 Comstock's R. 600. But see 3 Kernan's R. 488. This blending of the practice of the courts has been pointedly condemned by the Supreme Court of the United States in several recent cases; and the rule laid down that, as the Constitution of the United States has recognized the distinction between law and equity, it must be observed in the federal courts. 11 Howard's R. Equity fooks upon that as done which ought to have been done. 1 Story's Eq. Jur. § 64 g. Equity will treat the subject matter, as to collateral consequences and incidents, in the same manner as if the final acts contemplated by the parties had been executed exactly as they ought to have been; not as the parties might have executed them. Id. ibid. He who seeks equity must do equity. 1 Story's Eq. Jur. § 64 e. He that will have equity done to him [by another,] must do it to the same person. Franciš Max. 1. He that hath committed iniquity shall not have equity. Francis' Max. 5, max. 2. Where equity is equal, the law must prevail. Francis' Max. 6, max. 14. See 2 Jones' Eq. R. 468, 469. EQUITY, COURTS OF. Courts which administer justice according to the system of equity, and according to a peculiar course of procedure, or practice. See Equity. Frequently termed courts of chancery. See 1 Bl. Com. 92.

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