KFLCC Kingdom Law 2nd Ed.

EQUITY FOLLOWS THE LAW

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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 jurisprudence, 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 haye been done. 1 Story, Eq. Jur. § 640. 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 suffers not a right without a remedy. 4 Bouv. Inst no. 3726. EQUIVALENT. In patent law. Any act or substance which is known in the arts as a proper substitute for some other act or substance employed as an element in the in vention, whose substitution for that other act or substance does not in any manner vary the idea of means. It possesses three char acteristics: It must be capable of performing the same office in the invention as the act or substance whose place it supplies; it must relate to the form or embodiment alone and not affect in any degree the idea of means; and it must have been known to the arts at the date of the patent as endowed with this capability. Duff Mfg. Co. v. Forgie, 59 Fed. 772, 8 C. C. A. 261; Norton v. Jensen, 49 Fed. 868, 1 C. OL A. 452; Imhaeuser v. Buerk, 101 U. S. 655, 25 L. Ed. 945; Carter Mach. Oo. v. Hanes (C. C.) 70 Fed. 859; Schillinger v. Cranford, 4 Mackey (D. C.) 466. EQUIVOCAL. Having a double or sev eral meanings or senses. See AMBIGUITY. EQUUIIEUS. A kind of rack for extort ing confessions. EQUUS COOPERTUS. A horse equip ped with saddle and furniture. ERABHLIS. 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. Cloud v. Hewitt, 5 Fed. Cas. 1,085; Vallier v. Brakke, 7 S. D. 343, 64 N. W. 180. ERCISCUNDUS. In the civil law. To be divided. Judicium families erciscundce, 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 in corporation in royal charters. "We do, in corporate, 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 Shaw v. Hitchcock, 119 Mass. 256; Martine v. Nelson, 51 111. 422; Douglass v. Com., 2 Rawle (Pa.) 264; Brown v. Hunn, 27 Conn. 334, 71 Am. Dec. 71; Mc Gary v. People, 45 N. Y. 160. ERGO. Lat. Therefore; hence; because. 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. ERIGIMUS. We erect. One of the words by which a corporation may be cre ated in England by the king's charter. 1 Bl. Comm. 473. ERMINE. By metonymy, this term is used to describe the office or functions of a judge, whose state robe, lined with ermine, is emblematical of purity and honor without stain. Webster. ERNES. In old English law. The loose scattered ears of corn that are left on the ground after the binding. EROSION. The gradual eating away of the soil by the operation of currents or tides. Distinguished from submergence, which is the disappearance of the soil under the water and the formation of a navigable body over it. Mulry v. Norton, 100 N. Y. 433, 3 N. E. 584, 53 Am. Rep. 206. ERRANT. Wandering; Itinerant; ap plied to justices on circuit, and bailiffs at large, etc. ERRATICUM. In old law. A waif or stray; a wandering beast CowelL