Blacks Law Dict. 1st ed

EQUITY, ETC.

429

ERIACH

quently termed "courtsof chancery." See 1 Bl. Comm. 92. Equity delights to do justice, and that not by halves. 5 Barb. 277, 280; Story, Eq. PI. § 72. Equity follows the law. Talb. 52. Eq uity adopts and follows the rules of law in all cases to which those rules may, in terms, be applicable. Equity, in dealing with cases of an equitable nature, adopts and follows the analogies furnished by the rules of law. A leading maxim of equity juiisprudence, which, however, is not of universal applica tion, but liable to many exceptions. Story, Eq. Jur. § 64. Equity looks upon that as done which ought to have been done. 1 Story, Eq. Jur. § 64/7. Equity will treat the subject matter, as to collateral consequences and in cidents, in the same manner as if the final acts contemplated by the parties had been ex ecuted exactly as they ought to have been; not as the parties might have executed them. Id. EQUITY OP A STATUTE. By this phrase is intended the rule of statutory con struction which admits within the operation of a statute a class of cases which are neither expressly named nor excluded, but which, from their analogy to the cases that are named, are clearly and justly within the spirit and general meaning of the law; such cases are said to be " within the equity of the statute." EQUITY OP REDEMPTION. The right of the mortgagor of an estate to redeem the same after it has been forfeited, at law, by a breach of the condition of the mortgage, upon paying the amount of debt, interest and costs. Equity suffers not a right without a remedy. 4 Bouv. Inst. no. 3726. EQUITY TO A SETTLEMENT. The equitable right of a wife, when her husband sues in equity for the reduction of her equita Dle estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recognized by the equity courts as directly to be asserted against the husband. Also called the " wife's equity." EQUIVALENT. In patent law. The term "equivalent," when used of machines, has a certain definite meaning; but, when used with regard to the chemical actions of

such fluids as can be discovered only by ex periment, it means equally good. 7 Wall. 827. EQUIVOCAL. Having a double or sev eral meanings or senses. See AMBIGUITY. EQUULEUS. A kind of rack for extort ing confessions. EQUUS COOPERTUS. A horse equipped with saddle and furniture. ERABILIS. A maple tree. Not to be confounded with arabilis, (arable land.) ERASTIANS. The followers of Erastus. The sect obtained much influence in England, particularly among common lawyers in the time of Selden. They held that offenses against religion and morality should be pun ished by the civil power, and not by the cen sures of the church or by excommunication. Wharton. ERASURE. The obliteration of words or marks from a written instrument by rubbing, scraping, or scratching them out. Also the place in a document where a word or words have been so removed. The term is some times used for the removal of parts of a writing by any means whatever, as by can cellation; but this is not an accurate use. ERCISCUNDUS. In the civil law. To be divided. Judicitim familias erciseundat, a suit for the partition of an inheritance. Inst. 4, 17, 4. An ancient phrase derived from the Twelve Tables. Calvin. "ERECT." One of the formal words of incorporation in royal charters. "We do, incorporate, erect, ordain, name, constitute, and establish." ERECTION. Raising up; building; a completed building. In a statute on the "erection" of wooden buildings, this term does not include repairing, alteration, enlarg ing, or removal. See 45 N. Y. 153; 27 Conn. 332; 2 Rawle, 262; 119 Mass. 254; 51 111. 422. ERGO. Lat. Therefore; hence; be cause. ERGOLABI. In the civil law. Under takers of work; contractors. Cod. 4, 59. ERIACH. A term of the Irish Brehon law, denoting a pecuniary mulct or recom pense which a murderer was judicially con demned to pay to the family or relatives of his victim. It corresponded to the Saxon " weregild." See 4 Bl. Comm. 313,

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