chancer (chan-s[schwa]r), vb. To adjust according to equitable principles, as a court of chancery would. • The practice arose in parts of New England when the courts had no equity jurisdiction, and were compelled to act on equitable principles. “The practice of ‘chancering’ is a very old one. A forfeiture could be ‘chancered’ under a […]
jointure (joyn-ch[schwa]r). 1. Archaic. A woman’s freehold life estate in land, made in consideration of marriage in lieu of dower and to be enjoyed by her only after her husband’s death; a settlement under which a wife receives such an estate. • The four essential elements are that (1) the jointure must take effect immediately
The rendering, as nearly as practicable, of a promised performance through a judgment or decree; specif., a court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or a rare article is involved. • Specific performance is an equitable
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An equitable title or right that, to be a legal title, lacks only the formal conveyance or other investiture that would make it cognizable at law; esp., the equity of a real-estate purchaser who has paid the full amount due but has not yet received a deed.
Hist. A use that results from the combining of the equitable title and legal title of an estate, done to comply with the Statute of Uses’ mandate that the holder of an estate be vested with legal title to ensure the holder’s liability for feudal dues. See STATUTE OF USES.
equity of redemption. Real estate. The right of a mortgagor in default to recover property before a foreclosure sale by paying the principal, interest, and other costs that are due. • A defaulting mortgagor with an equity of redemption has the right, until the foreclosure sale, to reimburse the mortgagee and cure the default. In
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collatio bonorum (k[schwa]-lay-shee-oh b[schwa]-nor-[schwa]m). [Latin “collation of goods”] Civil law. The bringing into hotchpot of goods or money advanced by a parent to a child, so that the parent’s personal estate will be equally distributed among the parent’s children. Pl. collationes bonorum. See HOTCHPOT. “[I]f the estates so given them, by way of advancement, are
irreparable-injury rule (i-rep-[schwa]-r[schwa]-b[schwa]l). The principle that equitable relief (such as an injunction) is available only when no adequate legal remedy (such as monetary damages) exists. • Although this rule is one that courts continue to cite, the courts do not usu. follow it literally in practice. — Also termed adequacy test. [Cases: Injunction 14, 138.
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Property that is acquired during marriage and that is subject to distribution or division at the time of marital dissolution. • Generally, it is property acquired after the date of the marriage and before a spouse files for separation or divorce. The phrase marital property is used in equitable-distribution states and is roughly equivalent to
earmark, n. 1. Originally, a mark upon the ear — a mode of marking sheep and other animals. [Cases: Animals 5. C.J.S. Animals § 15.] “When now-a-days we say that ‘money has no ear-mark,’ we are alluding to a practice which in all probability played a large part in ancient law. Cattle were ear-marked or