10 July 1805

Evidence (1)

Introd

Ch. Complication Table

' Equity cases

These cases to the treatment of which this pharmacopoeia of the Common Law (Equity Law) Courts is radically incompetant may be stiled chronical cases. They require the continued action of the operator, during an indefinate length of time.

Fraud, Trust, Accident constitute the matter of the peculiar jurisdiction of a Court of Equity, observed the first lawyer who bethought himself of a writing a methodical treatise on the business of a Court of Equity. Fraud, trust, accident and so forth has from that time to the present been repeated by each succeeding writer on the same subject.

Fraud, trust, accident it has in the meantime been discovered constitute who the matter of the jurisdiction of the old Courts that are not Courts of Equity. Since this discovery has been made, no man pretends any longer to know /to be able to conceive/ what it is that constitutes the peculiar business of a Court of Equity in contradistinction to that of a Court of Common Law.