White v. Allen

By the Co'iirt,

Upton, J.

If the decree that the defendant sets up is effective to confer the legal title on the defendant at the present time, the decree is a good defense at law, and it is upon this idea that the plaintiffs ’ counsel claims that the first part of the answer is bad, being an attempt to set up both an equitable and legal defense at the same time. If one have a good defense at law, he cannot be heard to set up ^n equitable defense. It is a sine qua non in an equit*107able defense, that the plaintiff lias no defense at law. I am of opinion that the decree is not available, as…