A form of subpœna when production of documents is required.
67. Duo non possunt in solido unam rem possidere. Two cannot possess the whole of one thing in its entirety.
68. Ea quae raro accidunt, non temere in agendis negotiis computantur. Such things as seldom occur, are not rashly to be taken into account in business transactions.
* 69. Ei incumbit probatio qui affirmat, non qui negat; cum per rerum naturam factum negantis probatio nulla sit. He must prove a thing who says it, not he who denies it, since by the nature of things he who denies a fact cannot produce any proof; i.e., the proof lies upon him who affirms, and not upon him who denies.
It is a general rule that in the trial of all actions the plaintiff should begin. (See Maxs. Nos. 24 and 252.)
* 70. Equality is Equity.
Persons making purchases for a joint undertaking are held tenants in common in equity, although at law they are joint tenants. (See Lake v. Gibson and Lake v. Craddock, 2 Wh. and Tud. L. C. Eq. 8th ed. 973.) Equity, where possible, always favours a tenancy in common as opposed to a joint tenancy.
* 71. Equity acts in personam: i.e., against the person.
Judgments of Courts of Law were always enforced in rem, by writ of fieri facias, &c., but the decrees of the Court of Chancery could always be enforced in personam, by attachment. (See Penn v. Lord Baltimore, 1 Wh. and Tud. L. C. 8th ed. p. 800.)
* 72. Equity imputes an intention to fulfil an obligation. (If the thing actually done might have been done with an intention to fulfil an obligation.)