Miller v. Parker McCurley Properties, L.L.C.

¶ 25.[W]herever the rights or the situation of parties are clearly defined and established by law, equity has no power to change or unsettle those rights or that situation, but in all such instances the maxim equitas sequitur legem6 is strictly applicable.

Magniac v. Thomson, 15 How. 281, 299, 14 L.Ed. 696 (1853). For decades, our courts have followed this time-tested, venerable maxim.7 Today, however, this Court takes *1245a different view — one I believe will, over time, prove exceedingly ill-advised and detrimental to our courts and litigants alike. I have without success attempted to persuade…