THE

PRINCIPLES OF EQUITY:

A

TREATISE

ON THE

SYSTEM OF JUSTICE ADMINISTERED

IN

COURTS OF CHANCERY.

BY

GEO. TUCKER BISPHAM,

PROFESSOR OF EQUITY JURISPRUDENCE IN THE UNIVERSITY OF PENNSYLVANIA.

FIFTH EDITION.

PHILADELPHIA:

KAY & BROTHER,

LAW BOOKSELLERS, PUBLISHERS AND IMPORTERS.

L14687

JUL 1 1938

Entered according to the Act of Congress, in the year 1874, by GEO. TUCKER BISPHAM,

in the Office of the Librarian of Congress, at Washington.

Entered according to the Act of Congress, in the year 1878, by GEO. TUCKER BISPHAM,

in the Office of the Librarian of Congress, at Washington.

Entered according to the Act of Congress, in the year 1882, by GEO. TUCKER BISPHAM,

in the Office of the Librarian of Congress, at Washington.

Entered according to the Act of Congress, in the year 1887, by GEO. TUCKER BISPHAM,

in the Office of the Librarian of Congress, at Washington.

Entered according to the Act of Congress, in the year 1893, by

GEO. TUCKER BISPHAM,

in the Office of the Librarian of Congress, at Washington.

COLLINS, PRINTER,

PREFACE TO THE FIFTH EDITION.

THE recent decisions of Courts of Equity have been very numerous and very important. In some of them established principles have been applied to novel conditions; in others, existing doctrines have been modified by the experience derived from continued practical application; while, in still a third class, new cases have furnished striking examples of old rules. Upon the whole, equity jurisprudence plainly continues to be "progressive, refined, and improved."

This progress in the Principles of Equity has rendered it necessary to make many changes in the text, and, indeed, to a great extent, to re-write it. It has, also, made it proper to illustrate almost all the propositions contained in the book by the citation of recent authorities. These alterations in the text and additions to the notes occur throughout the entire book, but are to be found principally in the sections as to Precatory

1 See post, § 583.