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Abstract

It has been said that the office and jurisdiction of equity unless enlarged by express statute are limited to the protection of rights of property. This doctrine, often repeated, has been so severely criticized and so strained in its application that one is inclined to doubt that it has appreciable vigor at the present time. Yet to borrow the phrase in which a learned writer disposed of another of equity's hoary errors, "though we may observe that the rule is dying, it is unfortunately not yet a corpse; and the difficulty is that no lawyer knows when it will be galvanized into sufficient life to delay and vex his client's pursuit of justice."

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