Windham v. Childress
Supreme Court of Alabama
Error to the Circuit Court of Butler County. Assumpsit by the plaintiff" in error against the defendants in error, upon a promissory note. Upon the trial, it appeared that the defendant, Childress, and one Sutton, made a bet upon a horse race; that Sutton won the race, and the horse which had been staked upon the issue of the race, was given up to him.
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Error to the Circuit Court of Butler County. Assumpsit by the plaintiff" in error against the defendants in error, upon a promissory note. Upon the trial, it appeared that the defendant, Childress, and one Sutton, made a bet upon a horse race; that Sutton won the race, and the horse which had been staked upon the issue of the race, was given up to him. That eight or ten days afterwards, Childress purchased the horse from the plaintiff, who was interested in the bet, and had purchased the interest of his partner, and executed to him the note sued on in payment, and that the beneficial…
1Opinion of the CourtOrmond, J.
Although the law will not lend its aid to enforce an illegal contract, yet if it be executed, and the parties are in pari delicto, it will not interfere between them. [Black & Manning v. Oliver, 1 Ala. Rep. 449.] So, if, upon an illegal contract, the possession be parted with, and the former owner regain it by fraud, or force, he cannot defend himself, and retain the possession, by showing that he parted with it upon illegal, or immoral consideration, and that the contract was in violation of a public statute. This is the principle of the case of Rochelle v. Harrison, 8 Porter, 351, where it…
2Cases cited2 opinions
- Black v. OliverSupreme Court of Alabama · 1840
- Rochelle v. HarrisonSupreme Court of Alabama · 1839
3Cited by5 opinions
- Morris v. HallSupreme Court of Alabama · 1868
- Williams v. ArmstrongSupreme Court of Alabama · 1900
- Thornhill v. O'RearSupreme Court of Alabama · 1895
- Samuels v. AinsworthSupreme Court of Alabama · 1848
- Gee v. Ala. Life Ins. & Trust Co.Supreme Court of Alabama · 1849