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Re: hotmeat post# 579900

Wednesday, 06/26/2019 10:43:52 AM

Wednesday, June 26, 2019 10:43:52 AM

Post# of 730545
Well, the court can simply state "affirmed" with no explanation as to the basis of the decision. I would not want to be the person who has to write the response to Alice's brief. One can only avoid the arguments so much. But a maxim is that equity must follow the law. It was agreed upon approval of the POR that preferred would not be diluted by the operation of the definition of preferred equity interest. The LT had no power to change that and deny the preferred the benefit of their bargain. Here are a few other maxims one can pick and choose to justify their opinion.


2.1 Equity considers that done what ought to be done
2.2 Equity will not suffer a wrong to be without a remedy
2.3 Equity delights in equality/Equality is equity (Aequalitus est quasi equitas)
2.4 One who seeks equity must do equity
2.5 Equity aids the vigilant not the indolent
2.6 Equity imputes an intent to fulfill an obligation
2.7 Equity acts in personam (i.e. on persons rather than on objects)
2.8 Equity abhors a forfeiture
2.9 Equity does not require an idle gesture
2.10 He who comes into equity must come with clean hands
2.11 Equity delights to do justice and not by halves
2.12 Equity will take jurisdiction to avoid a multiplicity of suits
2.13 Equity follows the law
2.14 Equity will not assist a volunteer
2.15 Equity will not complete an imperfect gift
2.16 Where equities are equal, the law will prevail
2.17 Between equal equities the first in order of time shall prevail
2.18 Equity will not allow a statute to be used as a cloak for fraud
2.19 Equity will not allow a trust to fail for want of a trustee
2.20 Equity regards the beneficiary as the true owner
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