SATISFACTION-continued.

II. AS BETWEEN FATHER AND CHILD, 679.
presumption against double portions, 679.
to what cases presumption applies, 681.

distinction between satisfaction and ademption, 681.
presumption only applies to gifts by father to child, 682.
and where both gifts are portions, 683.

later was intended to satisfy earlier gift, 683.
question whether there is satisfaction depends upon—
(a) differences in character of property given, 684.
(b) differences in limitations of gifts, 685.
terms of instruments of donation, 686.
parol evidence of intention how far admissible, 686.
satisfaction of liability for breaches of trust, 688.

SATISFIED TERMS,

doctrine of, 71, 72.

SECRET COMMISSION. See BRIBE.

SECRET TRUSTS, 133–136.

SEPARATE ESTATE,

origin of, 231–238.

effects of, 238-242.

is equitable assets, 621.

simple contract claims against, when barred, 706.

See MARRIED WOMEN.

SEQUESTRATION,

origin and development of, 41-43.

SERVICE,

agreements for, not specifically enforced, 535.

SET-OFF,

right of, as between assignee of debt and original debtor, 327-329.

SHELLEY'S CASE (RULE IN),

applies to equitable limitations, 66.

except in case of executory trusts, 67.

SILENCE,

when equivalent to representation, 389-393.

fraudulent misrepresentation, 399, 400.

it creates an estoppel, 635-639.

SLANDER,

injunction in cases of, 479.

SOLICITOR,

trustee may appoint, to receive purchase money, 207.
mortgagee, entitled to charge professional costs, 295, 296.
gifts by client to, when voidable, 416.

duty to give competent advice, 423, 435.

when purchase by, from client will be rescinded, 439–443.
trustee, cannot make professional charges, 457, 458.

provisions enabling him to make professional charges, 458, 459.

jurisdiction in, 4.

development of jurisdiction to grant, 10.

distinguished from jurisdiction to enforce executed contract, 334, 353.

jurisdiction confined to executory agreements, 533.

court only orders act which can be done uno flatu, 534.

personal agreements not specifically enforced, 535.

nor agreements which are not mutual, 536.

ancillary agreement where principal cannot be performed,

agreement where damages an adequate remedy, 537.

I. CONTRACT NOT PUT INTO WRITING, 538-542.

Statute of Frauds, s. 3...538.

exceptions to statute-

(a) fraud, 538.

(b) part performance, 539.

536.

written contract not expressing intention of parties, 542—

544.

plaintiff enforcing performance with variation, 382, 383,
defendant setting up variation, 544.

II. FAILURE TO PERFORM ESSENTIAL TERM, 544—549.

power of other party to repudiate, 545.

542.

stipulations as to time when essential terms of a contract, 546,

agreement to convey land not belonging to vendor, 548.

547.

III. PLAINTIFF UNABLE TO PERFORM WHAT HE HAS CON-
TRACTED TO PERFORM, 550-556.

vendor enforcing performance with compensation, 550.

purchaser enforcing performance with abatement, 552.

conditions enabling vendor to annul sale, 553.

right of purchaser to good title, 554.

conditions limiting purchaser's right to good title, 555.

SPECIFIC PERFORMANCE-continued.

IV. EQUITABLE DEFENCES TO SPECIFIC PERFORMANCE, 556.

uncertainty, want of mutuality, 557.

unilateral mistake, 558.

misrepresentation, 560.

breach of trust, inutility, hardship, 561.

right to, when barred by lapse of time, 727.

STAR CHAMBER,

establishment of, as affecting chancellor's jurisdiction, 27.

STATUTE-BARRED DEBT,

executor may pay or retain, 591.

STOCKBROKER,

liability of trustee who employs, 206, 207.

STOCKS AND SHARES,

mortgage of, how far distinguished from mortgage of land, 261, 312.

STRANGER

to trust, when accountable to cestuis que trust, 194–196.

expenditure on land by, as estopping true owner, 632, 636, 638.

property by, as conferring passive equity, 691-693.

SUBPOENA, WRIT OF, 29.

SUBROGATION,

meaning and limits of doctrine, 331.

case of ultra vires borrowing by corporation, 332.

SUPERSTITIOUS USE,

failure of gift for, 158, 159.

SURETY

of mortgagor, when he may redeem, 283, 284.

discharging debt of principal can only charge principal what he paid,

when failure to inquire for, affects purchaser with notice, 92.
deposit of, to secure loan whether mortgage or charge, 262, 307 n,
charge by deposit of, 339, 340.

312 n.

possession of, as affecting priority of incumbrancers, 642-644.
delivery of, to agent, with limited authority to borrow, as estopping
principal, 644, 645.

TORTS

of married woman, liability for, 251, 252.

ante-nuptial, of married woman, liability for, 253-256.

TRADE-MARKS, TRADE-NAMES,

protection of, 517–525.

cases at law between rival traders, 517.

no man may pass off his goods as the goods of another, 518.

conditions requisite for grant of injunction, 519.

principle on which jurisdiction rests, 520.

TRUST, TRUSTS,

estate, nature of, in equity, 63, 64.

cestui que trust may approbate or reprobate breach of, 105.
A. DEFINED AND DISTINGUISHED FROM ANALOGOUS RELA-

TIONS, 113-121.

definition of, 113.

there may be, of debt or obligation, 113.

relation of trustee and cestui que trust distinguished from
relation of agent and principal, 115.

right to follow property in the hands of agent distinguished
from right to follow property in hands of trustee, 116, 117.
money in hands of agent distinguished from money lent, 118.
loss of right to follow money in agent's hands, 118, 119.
distinguished from condition, 119.

power, 120.

B. CLASSIFICATION OF, ACCORDING TO THEIR OBJECTS, 121—
are either private or charitable, 121.

what are charitable, 121.

which cannot be enforced, 123.

124.

C. CLASSIFICATION OF, ACCORDING TO THE MODE OF THEIR
CREATION, 124, 125.

may arise from intention or without intention, 124, 125.

D. REQUISITES FOR THE CREATION OF VALID, AS BETWEEN
THE CREATOR OF THE TRUST AND THE CESTUI QUE TRUST,
completed, cannot be revoked or altered, 125.

may be created by declaration of trust, 126.

or by transfer to trustee, 127.

what amounts to complete transfer, 127.

125.

E. STATUTORY LIMITATIONS UPON THE ENFORCEMENT OF, 130.
provisions and effect of the Statute of Frauds, 130.

the statute does not prevent proof of a fraud, 132.

effect of the Wills Act upon, 133.

exceptions from the Act based upon fraud, 133.
within what limits secret may be enforced, 135.