This is a maxim that governs how equity is administered in law. To act in personam means it acts upon a person”s conscience.This is as opposed to acting in rem which is a characteristic of common law where it acts upon the property that is subject to the suit.As stated in the Earl of Oxford case,in case of a conflict between equity and common law, equity shall prevail.Lord Ellesmere insisted that Equity was not in competition with common law, rather, it acted upon the conscience of the parties to a suit.King James I held the same view.
Thank you for reading this post, don't forget to subscribe!This maxim comes in handy with regard to properties held abroad.The subjects most contested under this maxim include trusts and mortgages. It is also required regarding receivership.
