Potter & Son v. Gracie
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hon. Charles TueNer. This was a creditor’s bill, filed by the appellants, Lewis W. Potter and sons, and John Helton, against B. M. Nelson, administrator of James Johnston, Mary Gracie and William Gracie. Tbe object of tbe bill is to set aside a conveyance made on tbe 29th day of July, 1871, by James Johnston, in bis life time, ito Mary Gracie for life, remainder to William Gracie, ber son, as fraudulent as to bis creditors.
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Appeal from Chancery Court of Dallas. Heard before Hon. Charles TueNer. This was a creditor’s bill, filed by the appellants, Lewis W. Potter and sons, and John Helton, against B. M. Nelson, administrator of James Johnston, Mary Gracie and William Gracie. Tbe object of tbe bill is to set aside a conveyance made on tbe 29th day of July, 1871, by James Johnston, in bis life time, ito Mary Gracie for life, remainder to William Gracie, ber son, as fraudulent as to bis creditors. The bill alleged that complainants were creditors of Johnston before tbe making of the deed; that at the time of its…
1Opinion of the CourtBbigkell, C. J.
A contract, the consideration of which is future illicit cohabitation, like all agreements to do acts forbidden by the law of God, or in furtherance of immorality, is utterly void. If it has been executed, no court of law or equity will, at the instance of either party, interpose to set it aside. The courts apply the maxim, “ In pari delicto, potior est conditio defendentis,” abstaining from interference to enforce or to vacate. — Story on Con. 5543; Black & Manning v. Oliver, 1 Ala. 449; Walker v. Gregory, 36 Ala. 180. A contract or conveyance, in consideration of past cohabitation, intended…
2Cases cited6 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- Frakes v. BrownIndiana Supreme Court · 1830
- Murphy v. Branch Bank at MobileSupreme Court of Alabama · 1849
- Walker v. GregorySupreme Court of Alabama · 1860
- Black v. OliverSupreme Court of Alabama · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Patterson v. SimsCourt of Appeals for the Fifth Circuit · 1960
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Caldwell v. KingSupreme Court of Alabama · 1884
17 more not listed; retrieve them via the Exa API.