John Norton Pomeroy.

A treatise on equity jurisprudence, as administered in the United States of America; adapted for all the states, and to the union of legal and equitable remedies under the reformed procedure (Volume 3) online

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A TREATISE



EQUITY JURISPRUDENCE,



AS ADHINI8TSBSD IN



THE UNITED STATES OF AMERICA;

ADAPTED FOR ALL THE STATES,

AMD

TO THE UNION OF LEGAL AND EQUITABLE REMEDIES

UNDER THE REFORMED PROCEDURE.

By JOHN NORTON POMEROY, LL.D.



SECOND EDITION,

BY

OARTBE PITKIN POMEROY and JOHN NORTON POMEROY, Jr.,

or THE SAN FBAKCISCO BAK.



in three volumes.
Vol. hi.



SAN FRANCISCO:
BANCROFT-WHITNEY COMPANY.

Law Fdblishebs and Law Bookssixebs.

1899.



Ni/i






Entered according to act of Congress in the year 1881, by

JOHN NORTON POMEROY,
In the office of the Librarian of Congress, at Washington.



Entered according to act of Congress in the year 1892, by

ANNIE R. POMEROY,
In the office of the Librarian of Congress, at Washington.



San Francisco:
Thk Filmkr-Rollins Electkotypb Comtavt,

TTPOQEAPHEBS and STERBOTYPBBSk



TABLE OF CONTENTS.



CHAPTER THIRD.

ESTATES AJID INTERESTS AEISING FROM SUCCESSION TO A DECEDENT,

SECTION L



§ 1127. Jurisdiction of equity.

§ 1128. The same: where originally exclnsive.

§ 1129, The same: in the United States.

S§ 1130-1134. Kinds of legacies.

§ 1130. Specific legacies.

§ 1131. Ademption of specific legaciea,

§ 1132. General legacies.

§ 1133. Demonstrative legacies.

§ 1134. Annuities.

fH 1135-1143. Abatement of legaciea.

§ 1135. Abatement in general: order of appropriating assets.

§ 1136. Nature of abatement.

§ 1137. Abatement of specific legacies.

§ 1133. Abatement of demonstrative legacies.

§ 1139. Abatement of general legacies.

§ 1140. Limitations; intention of testator.

§ 1141. Exceptions; legacies to near relatives.

§ 1142. The same; legacy for a valuable consideration.

§ 1 143. Appropriation of a fund.

§ 1144. Lapsed legacies.

§ 1145. The same; statutory changes.

SECTION n,

DONATIONS CAUSA MORTISi

j 1146. General nature.

§ 1147. Is not testamentary.

§ 1148. The subject-matter of a valid gift.

§ 1149. Delivery.

§ 1150. Revocation.

§ 1151. Equitable jurisdiction.



735687



IV TABLE OF CONTENTS.



SECTION III.

ADMINISTBATION OF ESTATES.

S 1152. Equitable jurisdiction in the United States.
S 1153. Tlie same; fundamental principle; Rosenburg v. Frank.
S 1154. The jurisdiction as administered in the several states; general
risuTn6 — the states alphabetically arranged in foot-note.



SECTION IV.

CONSTRUCTION AND ENFORCEMENT OF WILLS.
f 1155. Origin of the jurisdiction.

§ 1156. Extent of the jurisdiction; a branch of that over trusts.
§ 1157. The same; a broader jurisdiction in some states.
§ 1158. Suit to establish a will.



CHAPTER FOURTH.

EQUITABLE ESTATES ARISING FROM CONVERSION.
SECTION I.

THE CONVERSION OP REAL ESTATE INTO PERSONAL, AND OF PERSONAL ESTATB

INTO REAL.

§ 1159. Definition and general nature.

§ 1160. I. What words are sufficient to work a conversion.

§ 1161. The same; under a contract of sale.

§ 1162. II. Time from which the conversion takes effect.

§ 1163. The same; in contracts of sale with option.

§ 1 164. in. Eflfects of a conversion; land directed or agreed to be sold.

§ 1165. The same; money directed or agreed to be laid out in land.

§ 1166. Limitations on these effects.

§ 1167. Conversion by paramount authority; compulsory sale of land

under statute; sale by order of court.

§ 1168. Conversion as between life tenant and remainder-man.



SECTION n.

aKSULTINO TRUST UPON A FAILURE OF THE PURPOSES OF THE CONVERSIOK.

§ 1169. The questions stated; object and extent of the doctrine.

§ 1170. A total failure of the purpose.

§ 1171. Partial failure; wills directing conversion of land into money.

§ 1172. The same; wills directing the conversion of money into land.

§ 1173. The same; deeds directing the conversion of land into money.

i 1174. The same; deeds directing the conversion of money into land.



TABLE OF CONTENTS. V

SECTION III.

EECONVERSIOM.

§1175. Definition: Rationah oi the doctrine.

§ 1176. "Who may elect to have a reconversion.

§ 1177. Mode of election.

§ 1178. Double conversion.

CHAPTER FIFTH,

MORTGAGES OF LAND.

SECTION I.
THE ORIGINAL OR ENGLISH DOCTRINE.
8 1179. The common law doctrine: Statute of 7 Geo. II., c. 20.
§ 1180. Origin and development of the equity jurisdiction; the " equity

of redemption."
§ 1181. The equitable theory.
§ 1182. The double system at law and in equity.
§ 1183. The legal and the equitable remedies.
§ 1184. Peculiarities of the English system,
§ 1185. Subsequent mortgages equitable, not legal.

SECTION n.

THE AMERICAN DOCTRINE.

§ 1186. In general: Two methods prevailing.

§ 1187. First method: Both the legal and the equitable theories; state*

arranged alphabetically in foot-note.
§ 1188. Second method: The equitable theory alone; states arranged is

foot-note.
§ 1189. The same: The mortgagee in possession.
§ 1190. The same: Equitable remedies of the parties*
§ 1191. Definition of mortgage.

SECTION III.

VARIOUS FORMS AND KINDS OF MORTGAOS.

In equity a mortgage is a security for a debt.

Once a mortgage always a mortgage.

Mortgage and conveyance with an agreement of repurchast^

distinguished.
The general criterion: the continued existence of a debt.
A conveyance absolute on its face may be a mortgage.
Mortgage to secure future advances.
As between the immediate parties.
As against subsequent incumbrancers and purchasers.
As affected by the recording act.
Mortgages to secure several different notes.
As between the original parties.

Assignees of the notes; order of priority among them*
Effect of an assignment of the notes.
Priority between an assignee and the mortgagee.



§ 1192.


§ 1193.


§1194.


§ 1195.


§ 1196.


§§1197-1199.


§1197.


§ 1198.


§ 1199.


§§ 1200-1203.


§ 1200.


§ 1201.


§1202.


S 1203.



^ TABLE 01? CONTENTS.

SECTION IV.

INTERESTS, RIGHTS, AND LIABILITIES OF THE MORTGAGOR AND OF THB

MORTGAGEE.

§ 1204. General interests of the mortgagor and the mortgagee.
§§ 1205-1208. I. Conveyance by the mortgagor.

§ 1205. Conveyance " subject to " the mortgage; effect of,

§ 1206. Grantee " assumes " the mortgage; effect of.

§ 1207. Rationale of the grantee's liability.

§ 1208. Assumption by a mortgagee.
§§ 1209-1214. II. Assignment of the mortgage.

§ 1209. Assignment at law and in equity.

§ 1210. Assignment of the debt is, in equity, an assignment of the
mortgage; what operates as such assignment.

§ 1211. Equitable assignment by subrogation.

§ 1212. In whose favor such equitable assignment exists.

■§ 1213. In whose favor such equitable assignment does not exist.

§ 1214. Right to compel an actual assignment.
§§ 1215-1218. III. Rights and liabilities of mortgagee in possession.

§ 1215. To whom the doctrine applies in different states.

§ 121G. With what he is chargeable; rents and profits, willful do-
fault.

§ 1217. His allowances and credits, disbursements, repairs, improve"
ments, compensation.

§ 1218. Liability to account.
§§ 1219-1226. IV. Redemption from the mortgage.

§ 1219. By the mortgagor; suit to redeem.

§ 1220. By other persons.
§§ 1221-1226. Rights of contribution and of exoneration upon redemption.

§ 1221. General doctrine; classes of cases; equities equal or un«
equal.

§ 1222. (1.) Where their equities are equal; titles simultaneous.

§ 1223. (2.) Where tlieir equities are unequal, although the titles are
simultaneous; tenants for life or for years and remainder-
men; dowress and reversioner.

§ 1224. (3.) Inequality of equities where titles are not simultaneous;
between mortgagor and his grantee of a parcel; between
successive grantees; inverse order of alienation.

§ 1225. The same; what circumstances disturb these equities, and de-
feat this rule.

§ 1226. (4.) A release by the mortgagee of one or more parcels.

§1227. V. Foreclosure; foi'eclosure proper or " strict foreclosure,"

§ 1228. Foreclosure by judicial sale.

CHAPTER SIXTH.

MOEXaAGES OF PERSONAL PROPERTY AND PLEDGES.

S 1229. General nature of, at law.

§ 1230. Jurisdiction and remedies in equity.

§ 1231. Pledges: Equitable jurisdiction and remedies.

§ 1232. Chattel mortgages in California.



TABLE OF CONTENTS. Vll

CHAPTER SEVENTH.

EQUITABLE LIENS.

SECTION I.

THEIR GENERAL, NATURE.

( 1233. What are included in this term; what is an equitable lien,
§ 1234. Origin and rationale of the doctrine.

SECTION n.

ARISING FROM EXPRESS CONTRACT.

§ 1235. The general doctrine; requisites of the contract.

§ 1236. On property to be acquired in future.

S 1237. The form and nature of the agreement; illustrations of par.
ticular agreements; agreements to give a mortgage; defective
mortgages; assignments; bills of exchange, etc

SECTION III.

ARISING FROM IMPLIED CONTRACTS.

S 1238. Nature of " implied contract " in equity.

§ 1239. General doctrine as to liens arising ex cequo et bonOk

§ 1240. Expenditure by one joint owner.

§ 1241. Expenditure for the benefit of the true owner.

§ 1242. Expenditure by a life-tenant.

§ 1243. In other special cases.

SECTION IV.

ARISING FROM CHARGES BY WILL OR BY DEED.

§ 1244. General doctrine; nature of a charge.

§ 1245. Wliat amounts to a charge creating such a lien.

§ 1246. The same; express charge.

§ 1247. The same; implied charge; English and American rules stated

in foot-note.
§ 1248. Observations upon the rules adopted by American courts.

SECTION V.

THE grantor's LIEN, ON CONVEYANCE.

{§ 1249-1254. The ordinary grantor's lien for unpaid purchase price.

§ 1249. General doctrine; in what states adopted or rejected; states
classified in foot-notes.

§ 1250. Origin and rationale; Ahrend v. Odiorne discussed.

§ 1251. Requisites, extent, and eifects of this lien; great uncertaintj
and conflict in the results of judicial opinion,

§ 1252. How discharged or waived; efi"ect of taking other security, etc.

§ 1253. Against whom the lien avails.

§ 1254. In favor of whom the lien avails; whether or not assignable.

|§ 1255-1259. Grantor's lien by reservation.

§ 1255. General description.

§ 1256. What creates a lien by reservation-

§ 1257. Essential nature of the lien.

§ 1258. Its operation and efi'ect.

§ 1259. The grantor's dealing with this lien; waiver; assignment



yiii TABLE OP CONTENTS.

SECTION VI.

THB vendor's UEN AND THE VENDEK's LIEN, ON CONTRACT TOTL SALE AND

PURCHASE.

S§ 1260-1262. Vendor's lien under contract of sale.

§ 1260. General doctrine; vendor's lien and grantor's lien distinguished,
§ 1261. Essential nature and efiFects; vendor's interest determined by

doctrine of equitable conversion.
§ 1262. How enforced.
§ 1263. Vendee's lien for purchase money paid.

SECTION VIL

ARISING FROM A DEPOSIT OF TITLE DEEDS.

§ 1264. The English doctrine.

§ 1265. The doctrine in the United States.

§ 1266. Distinction suggested, as a conclusion from American cases,

§ 1267. How this lien is enforced.

SECTION VIII.

VARIOUS STATUTORY LIENS.

S 1268. General nature and tendency of American legislation on this

subject; various examples.
§ 1269. How such liens are enforced.

CHAPTER EIGHTH.

ESTATES AND INTEKESTS ARISING FROM ASSIGNMEKTS.

SECTION I.
ASSIGNMENT OF THINGS IN ACTION^

fi 1270. Original doctrines at law and in equity.

§ 1271. Rationale of the equitable doctrine.

§ 1272. Assignment of things in action at common Iaw>

§ 1273. The same; under statutory legislation.

§ 1274. Interpretation of this legislation as contained in the Reformed

Procedure.

§ 1275. What things in action are or are not thus legally assignable.

§ 1278. Assignments forbidden by public policy.

§ 1277. The equitable jurisdiction; under the Reformed Procedure.

§ 1278. The equitable jurisdiction; under the common law procedure,

§ 1279. Incidents of an assigment.

SECTION n.

EQUITABLE ASSIGNMENT OF A FUND BY ORDER OR OTHERWISE.

S 1280. The general doctrine; its requisites, scope, operation, and

effects.
§ 1281. Notice to tlie creditor-assignee, essential.
§ 1282. A mere mandate to a depositary or agent, is not an equitable

assignment, but is revocable; an appropriation is necessaiy*
§ 1283. Funds not yet in existence.
§ 1284. Operation of bills of exchange and checks,



TABLE OF CONTENTS. JX

SECTION in.

AflSiaNMENT OF POSSIBIUTIES, EXPECTANCIES, AND PROPEETT TO BE ACQTjrRKD

IN FCTTURE.

§ 1285. Equitable jurisdiction un^er modem legislation.

§ 1286. Essential elements and grades of contingenciea, expectancies,

and possibilities.
§ 1287. Assignment of possibilities.
§ 1288. Assignment of personal property to be acquired in the future;

rationale of the doctrine; Holroyd v. Marshall.
§ 1289. Assignment of future cargo or freight.
§ 1290. Requisites of an assignment of property to be acquired in the

future.
S 1291. Extent of the doctrine, to what property and persons it applies.

CHAPTER NINTH.

CONTRACTS IN EQUITY,

SECTION I.
GENERAL DOCTRINE CONCERNING CONTRACTS.

§ 1292. Object of this chapter.

§ 1293. What constitutes a contract.

§ 1294. Equitable contract by representations and acts.

§ 1295. Efifects of a contract in equity; covenant creating an equitabU

servitude.

§ 1296. Effects of contracts in general.

§ 1297. Enforcement of contracts in equity,

SECTION n.

EQUITABLE DEBTS.

■§ 1298. General nature.

§ 1299. Husband's liability for wife's necessaries.

§ 1300. Liability for money advanced to pay debts of a person lnca«

pable of contracting.
§ 1301. On deatli of one joint debtor.
§ 1302. On death of a joint surety.

CHAPTER TENTH.

PERSONS NOT SDI JURIS.

SECTION L

INFANTS.

§ 1303. Question stated.

§ 1304:. Origin of the equitable jurisdiction over infanta.

§ 1305. How jurisdiction is acquired; infant made a •' ward of court*

IS 1306-1307. Extent of the jurisdiction.

§ 1306. Appointment oi. guardians.

§ 1307. Custody of infants; custody of parents when controlled.

if 1308-1310. How the jurisdiction is exercised,

§ 1308. Supervision of the guardian,

§ 1309. Management of property.

S 1310. Marriage of infant ward.



TABLE OF CONTENTS.
SECTION n.

PERSONS OF UNSOUND MINB.

1311. Origin of this jurisdiction.

1312. Mode of exercising the jurisdiction in England.

1313. Jurisdiction in the United States.

1314. Jurisdiction in cases of weak or unsound mind.



PART FOURTH.

THE REMEDIES AND REMEDIAL RIGHTS WHICH ARE CON.
FERRED BY THE EQUITY JURISPRUDENCE.

PRELIMINARY SECTION.

§ 1315. General object.

§ 1316. Classification.

§ 1317. Remedies acting in rem or in personam.

§ 1318. Remedies in personam beyond the territorial jurisdiction.



FIRST GROUP.

REMEDIES PURELY" ANCILLARY AND PROVISIONAL.
CHAPTEE FIKST.

INTERPLEADEB.

S 1319. Description of this group.

§ 1320. General nature and objects of interpleader.

§ 1321. The claims legal or equitable.

§ 1322. Essential elements.

§ 1323. First. The same thing, debt, or duty.

§ 1324. Second. Privity between the opposing claimants.

§ 1325. Third. Plaintiff a mere stakeholder.

§ 1326. Fourth. No independent liability to one claimant.

§ 1327. By bailees, agents, tenants, and parties to contract!.

§ 1328. Pleadings and other procedure.

§ 1329. Interpleader in legal actions by statute.

CHAPTER SECOND.

EECEIVEES.

1 1330. Definition, general nature, and object3.

§ 1331. The appointment discretionary.

1 1332-1335. Cases in which a receiver may be appointed^

§ 1332. First class.

§ 1333. Second class.

§ 1334. Third class.

§ 1335. Fourth class.

§ 1336. Their powers, rights, duties, and liabilities



TABLE OF CONTENTS. JU

SECOND GROUP.

REMEDIES PUP.ELY PREVENTIVE.
CHAPTER FIEST.

INJUNCTIONS.

SECTION I.

10 PROTECT OB RESTRAIN THE VIOLATION OF OBLIGATIONS AND RIGHTS OJ
PROPERTY OR OF CONTRACT, EITHER LEGAL OB EQUITABLE.

§ 1337. General nature and objects: Interdicts.

§ 1338. Fundamental principle.

§ 1339. To protect purely equitable estates or interests, and in aid of

purely equitable remedies.
§ 1340. Tlie same: Particular instances.
£ 1341-1344. To prevent the violation of contracts.
§ 1341. General doctrine.

§ 1342. (1) Restrictive covenants creating equitable easements.
§ 1343. (2) Contracts for personal services or acts.
§ 1344. (3) Otlier agreements, generally negative in their nature.
§ 1345. Miscellaneous cases: Corporations and their oflBcers; between

mortgagor and mortgagee; public officers; cloud on title;

married women's property; partners, etc.

SECTION II.

TO PREVENT OB RESTRAIN THE COMMISSION OF T0ST3.

§ 1346. The estates and interests generally legaL

§ 1347. Kinds and classes of torts restrained.

§ 1348. Waste.

§ 1349. Nuisance: Public.

§ 1350. Nuisance: Private; when restrained.

§ 1351. Same: Instances; violations of easements.

§ 1352. Patent rights and copyrights.

§ 1353. Literary property as distinct from copyright.

§ 1354. Trade-marks.

§ 1355. Good-will.

§ 1356. Trespasses.

§ 1357. General doctrine; cases in which trespass may be enjoined,

§ 1358. Slander of title; libels; wrongful use of name.

SECTION III.

MANDATORY INJUNCTIONS,

§ 1359. Nature and object; When granted,
SECTION IV.

TO RESTRAIN ACTIONS OR JUDGMENTS AT LAW.

§ 13C0. Origin of the jurisdiction.

§ 1361. When the jurisdiction is not exercised: General doctrine.
§ 1362. When the jurisdiction may be exercised: First class; exclusive
equitable interests or rights iuvolved.



Xll TABLE OF CONTENTS.

§ 1363. The same: Second class; legal remedies inadequate.

§ 1364. The same: Tliird class; fraud, mistake, or accident in the trial

at law.
§ 1365. Jurisdiction to grant new trials at law in the United States.

CHAPTER SECOND.

EQUITABLE DEFENSES INTEBPOSED IN LEGAL ACTIONS, AS A SUBSTITUTll
FOR INJUNCTIONS.

§ 1366. General object.

§ 1367. Equitable pleas under the common law procedure.

§ 1368. Equitable defenses under the reformed procedure.

§ 1369. Meaning and nature of an equitable defense.

§ 1370. General effect: Injunction against actions at law unnecessary.

§ 1371. Cases in which an injunction may still be necessary: First class;

to avoid multiplicity of suits.

§ 1372. The same: Second class; new parties needed.

§ 1373. The same: Third class; no afSrmative relief.

§ 1374. Some illustrations of equitable defenses.

THIRD GROUP.

EEMEDIES WHICH INDIRECTLY ESTABLISH OR PROTECT INTER-
ESTS AND PRIMARY RIGHTS, EITHER LEGAL OR EQUITABLE.

CHAPTER FIRST.

EEFOKMATION AND CANCELLATION.
§ 1373. General nature and object.
§ 1376. Reformation and re-execution of instruments.
§ 1377. Cancellation, surrender up, or discharge of instruments.

FOURTH GROUP.

REMEDIES BY WHICH ESTATES, INTERESTS, AND PRIMARY

RIGHTS, EITHER LEGAL OR EQUITABLE, ARE DIRECTLY

DECLARED, ESTABLISHED, OR RECOVERED, OR THE

ENJOYMENT THEREOF FULLY RESTORED.

CHAPTER FIRST.

BTJITS BY WHICH PUEELY LEGAL ESTATES ABE ESTABLISHED, AND THB

ENJOYMENT THEREOF KECOVKRED : NAMELY, ASSIGNMENT OF DOWEB:

ESTABLISHMENT OF DISPUTED BOUND AEIES; PAKTITION OV

LAND, AND OF PERSONAL PROPERTY.

§ 1378. General nature and object of this group.

§ 1379. Nature and object of the first class.

{§ 1380-1.S83. Assignment of dower.

§ 1380. Legal remedies.

§ 1381. Origin and grounds of the equitable jurisdiction.

§ 1.382. The jurisdiction now concurrent.

§ 1383. Exclusive jurisdiction over dower in equitable estates.



TABLE OF CONTENTS. Xiii

§ 1384. Establishment of disputed boundaries.

§ 1385. The same; equitable incidents and groundfl.

§§ 1386-1390. Partition of lands.

§ 1386. Common law remedy.

§ 1387. Equitable jurisdiction and remedies.

§ 1388. The title of the plaintiff

§ 1389. Mode of partition.

§ 1390. Partition by means of a sale.

§ 1391. Partition of personal property.

§ 1392. The same: issue of title.

CHAPTER SECOND.

eXJlTS BY WHICH SOME GENERAL EIGHT, EITHER LEGAL OR EQUITABLB,

IS ESTABLISHED. BELLS OF PEACE, AND BILLS QUIA

TIMET, QUIETING TITLE.

§ 1393. Nature and object.

§ 1394. Bills of peace; bills quia timet; quieting title,

CHAPTER THIRD.

BUTTS BY WHICH SOME PARTICULAR ESTATE, INTEREST, OR RIGHT,

EITHER LEGAL OR EQUITABLE, IS ESTABLISHED. STATUTORY SUIT

TO QUIET title; SUIT TO REMOVE A CLOUD FROM TITLE.

§ 1395. Nature and object.

§ 1396. Statutory suit to quiet title; legislation.

§ 1397. The same; essential features and requisites; possession; title,

§ 1398. Suit to remove a cloud from title; to prevent a cloud.

§ 1399. The same; when the jurisdiction is exercised; general doctrine,

FIFTH GROUP.

REMEDIES BY WHICH EQUITABLE OBLIGATIONS APtE SPECIFI*
CALLY AND DIRECTLY ENFORCED.

CHAPTER FIRST.

SPECIFIC PERFORMANCE OF CONTRACTS.

§ 1400. Nature and object.

§ 1401. Specific performance of contracts; grounds of the jurisdiction.

§ 1402. Extent of the jurisdiction; inadequacy of damages; various

kinds of contracts.

§ 1403. The same: Impracticability of the legal remedy,

§ 1404. The jurisdiction discretionary.

§ 1405. Essential elements and incidents.

§ 1406. Ptights under the contract; effect of events without the agency

of the parties.

§ 1407. Performance by plaintiff a condition i^recedent,

§ 1408. Time as affecting tlie right to a performance.

§ 1409. Enforcement of verbal contracts part performed,

§ 1410. Damages in place of a specific performance.



^IV TABLE OP CONTENTS.

CHAPTER SECOND.

BPEOIBTO ENFORCEMENT OF OBLIGATIONS AEI8INO FROM TRUSTS AND
rrDUCIABY RELATIONS.
§ 1411. General nature, kinds, and classes.

§ 1412. Suits against corporations to compel the transfer or issue of
stock.

SIXTH GROUP.

EEMEDIES IN WHICH THE FINAL RELIEF IS PECUNIARY, BUT

IS OBTAINED BY THE ENFORCEMENT OF A LIEN OR

CHARGE UPON SOME SPECIFIC PROPERTY OR FUInD.

CHAPTER FIRST.

»OEECLOSURE SUITS; MARSHALING SECURITIES; CREDITORS SUITS.

§ 1413. Nature, kinds, and classes.

§ 1414. Suits for marshaling of securitiea.

§ 1415. Creditors' suits.

SEVENTH GROUP.

REMEDIES IN WHICH THE FINAL RELIEF IS WHOLLY PECU-

NIARY, AND IS OBTAINED IN THE FORM OF A

GENERAL PECUNIARY RECOVERY.

CHAPTER FIRST.

SUITS FOR CONTRIBUTION, EXONERATION, AND SUBROGATION.

§ 1416. General nature, kinds, and classes.

§ 1417. Exoneration; rights of surety against the principal

§ 1418. Contribution.

% 1419. Subrogation.

CHAPTER SECOND.



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