Hill v. Freeman
Supreme Court of Alabama
Aiteal from Calhoun Circuit Court. Tried before Hon. LeRoy F. Box. This was a statutory real action in the nature of ejectment, brought by the appellants against the appellee, and was tried on issue joined on the plea of not guilty, resulting in a verdict and judgment for the appellee.
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Aiteal from Calhoun Circuit Court. Tried before Hon. LeRoy F. Box. This was a statutory real action in the nature of ejectment, brought by the appellants against the appellee, and was tried on issue joined on the plea of not guilty, resulting in a verdict and judgment for the appellee. The appellants claimed title to the land sued for as the heirs of John Hill, deceased, and introduced evidence tending to show the ownership of the land by their intestate at the time of his death, in 1881, and their heirship. The appellee claimed the land under a deed executed by John Hill to her and her…
1Opinion of the CourtSomerville, J.
— We understand it to be a first principle, not now’-to be assailed .or even doubted, that where a contract, based on a consideration contrary to law, immoral, or opposed to public policy, has been fully and voluntarily executed, if the parties are in pari delicto, the courts will not interfere to disturb the acquired rights of either at the instance of the other. The result is the same as if the contract had originally been legal and valid, and neither can recover the consideration which he has thus voluntarily parted with. — Bishop on Contr. §§ 140, 432; Morris v. Hall, 41 Ala. 510, 536;…
2Cases cited8 opinions
- Williams v. HigginsSupreme Court of Alabama · 1881
- Morris v. HallSupreme Court of Alabama · 1868
- Walker v. GregorySupreme Court of Alabama · 1860
- Burt v. PlaceNew York Supreme Court · 1826
- Liness v. HesingIllinois Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Watkins v. NugenSupreme Court of Georgia · 1903
- Ripperdan v. WeldyCalifornia Supreme Court · 1906
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Mayor of Ensley v. HollingsworthSupreme Court of Alabama · 1910
5 more not listed; retrieve them via the Exa API.