Introduction
According to this maxim where two persons have equitable interests in the same subject matter for example if each is equally entitled to the protection of a court of equity , and one of them in addition to his equity , also obtains the legal estate in the same subject matter then the latter will be preferred . In such a case , equity will refuse to interfere at all , and would thereby leave the parties to litigate in a court of law where , of course , the legal estate alone will be recognized .
Meaning Of The Meaning
Equity provide no specific remedies where the parties are equal , or wher neither has been wronged
in other words A person in possession of the legal estate is entitled to priority over any person having merely an equitable estate in that property
Explanation
When two parties wants the same things and the court cannot in good conscience say that
one has a batter right to the item then the other , the court of equity will refuse to decide and will leave the matter to the common law court .
Example
A company that had been collecting to sale tax and turning it over to the state govt found that it had over taxed and over paid by two percent , it applied for refund but the state refused . The court of equity refused to decide the matter and to leave the law court , the court upheld the state on the ground that the money really belong to the customer of the company , since the company had no batter title to the money then the state , the court left the money with the state .
Concluding Remarks
To Conclude i would say that a person in possession of the legal entitled priority over any person having merely an equitable estate in that property
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