Legal Opinion

Wayne v. Fouts

Tennessee Supreme Court

Decided November 16, 1901PublishedCited by 14 opinions

FROM HAMILTON. Appeal from the Chancery Court of Hamilton County. T. M. McConnell, Cb.

1Opinion of the CourtCaldwell, J.

This cause involves questions of equitable conversion of realty into personalty, and of equitable re-conversion of tbe same personalty into its original form as realty.

No doctrine, within its proper scope, is more *148firmly fixed in the jurisprudence of England and America than that of equitable conversion, by which, under certain circumstances, realty is regarded in equity as personalty, and personalty as realty. It is founded on the maxim: “Equity regards that as done which ought to be done.” Through this doctrine, Courts of equity treat as land, money directed to be invested in land, and as…

2Cases cited6 opinions

  1. Craig v. LeslieSupreme Court of the United States · 1818
  2. Baker v. CopenbargerIllinois Supreme Court · 1853
  3. Ford v. FordWisconsin Supreme Court · 1887
  4. Hobson v. . HaleNew York Court of Appeals · 1884
  5. Lorillard v. CosterNew York Court of Chancery · 1835

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Bank of Ukiah v. RiceCalifornia Supreme Court · 1904
  2. Spofford v. RoseTennessee Supreme Court · 1921
  3. Eager v. McCoyTennessee Supreme Court · 1920
  4. Gilbreath v. CosgroveMissouri Court of Appeals · 1916
  5. Bedford v. BedfordTennessee Supreme Court · 1903

9 more not listed; retrieve them via the Exa API.

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