Equity jurisdiction over matters of account shall extend to: Mutual accounts growing out of privity of contract; Cases where accounts are complicated and intricate; Cases where a discovery or writ of ne exeat is prayed and granted; Cases where the account is of a trust fund; Accounts between partners or tenants in common; and Cases […]
In cases of joint, joint and several, or several liabilities of two or more persons, where all are equally bound to bear the common burden and one has paid more than his share, he shall be entitled to contribution from the others; and whenever the circumstances are such that an action at law will not […]
Apportionment of a contract or of rent or hire may, from peculiar circumstances rendering the common-law remedy incomplete, become the subject of equitable jurisdiction. History. Orig. Code 1863, § 3067; Code 1868, § 3079; Code 1873, § 3134; Code 1882, § 3134; Civil Code 1895, § 3993; Civil Code 1910, § 4590; Code 1933, § […]
Where several persons are interested in an estate as tenants for years, or for life, or in remainder or reversion, and encumbrances are to be discharged, the equitable division of the burden, according to the several interests, shall be a question for equitable interference. History. Orig. Code 1863, § 3066; Code 1868, § 3078; Code […]
If a party who has charge of the property of others shall so confound it with his own that the line of distinction cannot be drawn, all the inconvenience shall be thrown upon him who causes the confusion; and he shall distinguish his own property or lose it. History. Orig. Code 1863, § 3064; Code […]
A petition for an accounting need not offer to pay a balance if found against the complainant. History. Orig. Code 1863, § 3069; Code 1868, § 3081; Code 1873, § 3136; Code 1882, § 3136; Civil Code 1895, § 3995; Civil Code 1910, § 4592; Code 1933, § 37-307.
Regarding a setoff, equity generally follows the law; but, if there is an intervening equity not reached by the law or if the setoff is of an equitable nature, equity shall take jurisdiction to enforce the setoff. History. Orig. Code 1863, § 3072; Code 1868, § 3084; Code 1873, § 3141; Code 1882, § 3141; […]
