1(1844) Cl. & Fin. 653.
THE JUDICATURE ACTS (1873 & 1875)
The three jurisdictions of equity
Exclusive .Jurisdiction
In the exercise of this jurisdiction equity intervened to protect certain rights which were not
countenanced by the common law courts. The mortgagor's interest in a mortgaged property, for
example; and we also observed that the Chancery converted the moral obligation of a trustee into
an equitable duty to use the trust property for the benefit of the cestui que trust.
Concurrent Jurisdiction
Where equity found the common law remedy of damages to be insufficient it supplemented it with
an injunction or specific perbormance. The Chancellor devised the remedy of restitution of things
of unique or rare value to afford adequate remedy in actions detenue and conversion. or where there
is a fiduciary relationship between the parties. Both systems of law and equity had jurisdiction in
matters falling under the concurrent jurisdiction of equity.
Auxiliary Jurisdiction
A suitor may want to have access to certain materials or facts which are within the exclusive
possession or knowledge of his adversary to prosecute his claim There was no facility for discovery
or production at common law. It was possible for a judgment to go against such a suitor solely
because his lack of ability to have access to such materials in the possession of his adversary, which
were vital to the success of his claim or defence. Recourse was had to the Chancellor on whose order
a party would have to make discovery on his oath. Without this process many rights would often
have been wrongs without remedies.
Execution could not be levied at common law on the property in which the judgment debtor
had an equitable interest. The Court of Chancery perceived the injustice caused by this restriction
on the right of judgment creditor and deviced a procedure enabling judgment creditor to appoint a
receiver. This right was augmented by the issue of injunction restraining the debtor from dealing
with the property.
The Judicature Acts and the syst