Gorringe v. Reed
Utah Supreme Court
Appeal from the Second District Court Weber County. — Hon. H. H. Bolapp, Judge. Action in equity to set aside and cancel a deed to certain real estate and to have plaintiff adjudged tbe lawful owner of tbe same. From a judgment for defendant plaintiff appealed. Plaintiff and defendant ought not to be beld to have been in pari delicto. Ency. of Law (2 Ed.), vol. 6, pp. 416, 417; 2 Pomeroy Eq. Jur., par. 914; 2 Pomeroy Eq.
Read the full summary
Appeal from the Second District Court Weber County. — Hon. H. H. Bolapp, Judge. Action in equity to set aside and cancel a deed to certain real estate and to have plaintiff adjudged tbe lawful owner of tbe same. From a judgment for defendant plaintiff appealed. Plaintiff and defendant ought not to be beld to have been in pari delicto. Ency. of Law (2 Ed.), vol. 6, pp. 416, 417; 2 Pomeroy Eq. Jur., par. 914; 2 Pomeroy Eq. Jur., par. 942; Meecb v. Lee, 46 N. W. 399; Foley v. Greene, 14 R. I. 618, 51 Am. Rep. 419. Upon tbe general subject of contracts made under duress we refer to: 2 Warville on…
1Opinion of the Court
Upon the facts being stated as above,
Babtoh, O. J.,
delivered the opinion of the court:
The appellant insists that the court erred in sustaining the motion for non-suit, and that it is against public policy, good morals and conscience to permit a transaction, which is the result of duress, to stand. It is urged that, even if the parties were in pari delicto, the appellant is comparatively the more innocent, and that in furtherance of justice and sound public policy she ought to be granted full affirmative relief. The respondent maintains that the appellant is not entitled to the interposition…
Also in this document: Concurrence.
2Cases cited23 opinions
- Landa v. ObertTexas Supreme Court · 1876
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Morrill v. NightingaleCalifornia Supreme Court · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
- Trees v. KerseyIdaho Supreme Court · 2002
- Burton v. McMillanSupreme Court of Florida · 1906
- Averill Machinery Co. v. TaylorMontana Supreme Court · 1924
- Quinn v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1925
4 more not listed; retrieve them via the Exa API.