from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
BETTER EQUITY. In England this term has lately been adopted. In the case of
Foster v. Blackston, the master of the rolls said, be could no where find in
the authorities what in terms was a better equity, but on a reference to all
the cases, he considered it might be thus defined: If a prior incumbrancer
did not take a security which effectually protected him against any
subsequent dealing to his prejudice, by the party who had the legal estate,
a second incumbrancer, taking a security which in its nature afforded him
that protection, had what might properly be called a better equity. 1 Ch.
Pr. 470, note. Vide 4 Rawle, R. 144 3 Bouv. Inst. n. 2462.