Chapter

Invoking the aid of equity

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0031
Invoking the aid of equity

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This chapter deals with invoking the aid of equity to the deserted wife. There was at the time in question to hand another way of defeating the husband's claim to possession. It was by giving to the deserted wife a right to be in the house. If she was armed with such a right, she could have a right on her own account to stay in the house. Not only could she claim it as against her husband, but if he sold the house over her head, she could claim it as against the purchaser. That is the way some husbands tried to get their wives out. One husband sold his house to his new mistress and got it vested in her name. The mistress then sued the wife for possession. But the wife was able to say that it was given to her by equity.

Keywords: equity; deserted wife; right; purchaser; possession

Chapter.  1964 words. 

Subjects: Constitutional and Administrative Law

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