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The Chancery came to prominence after the decline of the Exchequer, dealing with the law of equity, something more fluid and adaptable than the common law.The early Court of Chancery dealt with verbal contracts, matters of land law and matters of trusts, and had a very liberal view when setting aside complaints; poverty, for example, was an acceptable reason to cancel a contract or obligation. [9]
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and ...
The history of the Court of Chancery stems back to the English common law system, in which separate courts were established to hear law and equity matters. English law courts included the Court of King's Bench (or Queen's Bench when the monarch was female), the Court of Common Pleas, and the Court of the Exchequer.
The Superior Courts of Chancery were created in 1802 to handle chancery matters initially handled by the High Court of Chancery. The state was divided into three chancery districts and cases from the counties composing the district were tried in a fixed location within each district. The records were kept in that location.
The Court of Chancery was abolished by the New York State Constitutional Convention of 1846, which reorganized the New York state judicial system. This became effective on July 5, 1847, when its equity jurisdiction was transferred to the New York Supreme Court and its appellate jurisdiction was transferred to the New York Court of Appeals.
Tennessee's Chancery Court was created in the first half of the 19th Century, and remains one of the few distinctly separate courts of equity in the United States. [4] While the Chancery Court and Tennessee's Circuit Court, the court of general civil and criminal jurisdiction, [3] may share a set of procedural rules in each county, there are ...
“It is emphatically the province and duty of the judicial department to say what the law is,” Marshall wrote in Marbury v. Madison. The notion goes back even further, to England, when the courts were given a measure of independence from the crown, said Saikrishna Prakash, a University of Virginia law professor.
The Exchequer's fees were also higher than those of the Court of Chancery, and with both courts now using almost identical precedent it was seen as unnecessary to maintain two equitable courts. [22] As a result, the Administration of Justice Act 1841 formally dissolved the equitable jurisdiction of the court. [23]