Bolt v. Rogers
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fourth circuit, allowing a demurrer to the bill, for want of sufficient equity therein to sustain the suit. The defendant H. Rogers was the executrix of Eber Weed, her late husband; and by his will she was entitled to the use of his whole farm until his youngest child arrived at the age of 21, and to the use of one third thereof for life.
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This was an appeal from a decree of the vice chancellor of the fourth circuit, allowing a demurrer to the bill, for want of sufficient equity therein to sustain the suit. The defendant H. Rogers was the executrix of Eber Weed, her late husband; and by his will she was entitled to the use of his whole farm until his youngest child arrived at the age of 21, and to the use of one third thereof for life. She also had a lien upon the farm -of the complainant, her brother, under the will of their father. An agreement was entered into between the complainant and his sister to exchange farms, and…
1Opinion of the Court
The Chancellor.
If the allegations in this bill are true, the executrix not only committed a fraud upon her children, but also by false and fraudulent representations to her brother, induced him to aid her in the commission of the fraud. But I do not see how it is possible to give him any relief in this case without overturning an established principle of law. Wherever two or more persons are engaged in a fraudulent transaction to injure another, neither law or equity will interfere to relieve either of those persons, as against the other, from the consequences of their own misconduct.…
2Cases cited1 opinion
- Herrick v. GrowNew York Supreme Court · 1830
3Cited by18 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Nellis v. ClarkNew York Supreme Court · 1838
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Dent v. FergusonSupreme Court of the United States · 1889
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
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