Commentary

5 Equitable interests in contrast with legal estates

CHOSES IN ACTION vol 7
| Commentary

5 Equitable interests in contrast with legal estates

| Commentary

5 Equitable interests in contrast with legal estates

Before the Judicature Acts 1873 and 1875, equitable interests in land could, in distinction from legal estates or interests, be defined as those interests which were not recognised at, and accordingly not enforced by, the common law (which regarded their existence as a mere personal obligation) but which were nonetheless enforceable in the Court of Chancery by virtue of the principle enshrined in the maxim ‘equity acts in personam’. This distinction was maintained in substance after those Acts, though law and equity were, from that time onwards, to be administered in the

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