“ By the time of Lord Eldon equity had become fixed, and the judges, like their brethren in the common law courts, strictly followed the precedents. Henceforward chancery and common law courts have exhibited the anomaly of two co-ordinate sets of tribunals, empowered to deal with the same matters, and compelled to proceed in many cases on wholly different principles. The court of chancery could in most cases prevent a person from taking advantage of a common law right, not approved of by its own system. ”

“ The equitable jurisdiction of the court of chancery was founded on the supposed superiority of conscience and equity over the strict law. The appearance of equity in England is in harmony with the general course of legal history in progressive societies. What is remarkable is that, instead of being incorporated with or superseding the common law, it gave rise to a wholly independent set of tribunals. ”

“ Attempts more or less successful were made to lessen those evils by giving the powers to both sets of courts; but down to the consolidation effected by the Judicature Act, the English judicial system justified the sarcasm of Lord Westbury, that one tribunal was set up to do injustice and another to stop it. ”