Treatise on Suits in Chancery Part 1 Chapter 1

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23 Questions

Which remedy allows for the sale of land for partition?

The right to a sale of land for partition

Which remedy involves impounding the property of absconding debtors?

The right to impound the property of absconding debtors

Which remedy allows for the removal of a cloud from title by suing a claimant not in possession?

The proceeding at law to remove a cloud from title by suing a claimant not in possession in ejectment

Who was responsible for adjudicating the rights and determining the remedies of those petitioning the king for justice in England?

The chancellor

What was the role of the chancellor in England?

To advise and confide in the king

What was the origin of the equitable principles applied by the chancellors in England?

The civil law of Rome

What was the evolution of equity in England similar to?

The evolution of the civil law in Rome

Which court branch was styled the court of equity?

The chancery branch of the court

Which act authorized publication as to non-resident and absconding defendants?

The act of 1793

Which act prescribed the practice of the court of equity?

The act of 1801

When were the chancery courts established in Tennessee?

1827

According to the text, which of the following statements about the common law is true?

The common law was incapable of providing complete justice in many cases.

According to the text, what were some of the deficiencies of the common law?

All of the above.

According to the text, how has the law evolved under the influence of equity?

The law has followed the principles and doctrines of equity.

According to the text, what are some examples of the effect of equity principles on the law?

All of the above.

According to the text, what were the three types of cases that the chancellor had jurisdiction over?

All of the above

What were the principles on which the early chancellors based their decisions?

Honesty, equity, and continence

Why did the chancellors adopt the equitable principles of the civil law of Rome?

Because the chancellors felt bound to decide cases according to continence

What was the role of the chancellor in administering justice?

To determine the rights of petitioners based on grace and conscience

Which court system in Tennessee was established to provide justice beyond what common law could offer?

Chancery Courts

What were the principles on which chancery courts in Tennessee were based?

Religion and Conscience

Which court had inherent jurisdiction and employed remedies, defenses, and procedures unknown to common law?

Chancery Courts

When did the introduction of courts of equity into Tennessee occur?

Before the American Revolution

Study Notes

The History and Evolution of the Chancery Court

  • The chancery court was derived from the civil law of the Romans and its early development in England was similar to the development of the Roman jurisprudence.
  • The civil law of Rome was initially stern, rigid, and paid little attention to abstract right and justice, but as civilization progressed, it became simpler and more focused on justice.
  • The chancery court in England developed because the king, unable to handle all complaints of wrongdoing, referred them to his chief secretary, who was an ecclesiastic trained in the law and theology of Rome.
  • The chancellors in England, like the Roman praetors, applied the equitable principles of the civil law to cases referred to them by the king.
  • The chancellors mainly dealt with cases where fair trials in ordinary courts were not possible, cases involving fraud and deceit beyond the reach of common law, and cases where common law was inadequate for justice.
  • The chancellor issued a writ to the party complained against, commanding them to appear and answer the complaint based on principles of honesty, equity, and conscience.
  • The chancellors felt no obligation to determine the rights of petitioners based on common law, as they had sought relief from the king.
  • The chancellors adopted the equitable principles and simple procedures of the civil law of Rome, adapting them to the specific cases brought before them.
  • The common law at the time was incapable of providing complete justice and often had rigid molds or formulas that did not consider the equities of the case or the real rights of the parties.
  • The chancery court, on the other hand, disregarded forms, ignored fictions, and subordinated technicalities to the requirements of justice.
  • The common law had deficiencies in areas such as enforcing liens, setting aside fraudulent conveyances, reforming defective instruments, and relieving mistakes or accidents, which the chancery court addressed.
  • The chancery court allowed for enforcing avenders lien, setting aside fraudulent conveyances, reforming defective instruments, providing relief for mistakes or accidents, assigning debts or accounts, setting up resulting trusts, and more.

Test your knowledge on the history of Chancery Courts in Tennessee with this quiz. Learn about their establishment, principles, jurisdiction, and their connection to the court of chancery in England. Challenge yourself to answer questions on the origins and evolution of these unique courts and their role in the Tennessee judicial system.

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