Section 20 Between Equal Equities the Law Will Prevail

• Library: Remedies 2006

If two parties have equal equitable claims in the same subject matter, which means that the parties have been equally innocent and equally diligent, and one of the parties also has the legal estate in the subject matter, the party holding the legal estate will prevail, because to do otherwise would deprive the party holding the legal estate of their property without justification. George L. Clark, Equity-Missouri Edition § 27 (1920). A bona fide purchaser of trust property is therefore equally innocent and...