Harton v. Little
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by H. M. Hartón against W. M. Little and others, to rescind and cancel a deed to' certain bonds, and to have a deed executed to complainant. Decree for respondents and complainants appeal. Counsel adopt practically the same brief as in the cases above set out. Counsel adopt practically the same brief as in the cases above set out.
1Opinion of the CourtGardner, J.
The demurrers to the bill as amended, which were sustained in the court below, seek to invoke (among others) the application of the principles embraced in the maxim, “He who comes into equity must come with clean hands.”
In discussing the maxim, we can do no- better than take a few excerpts from Mr. Pomeroy’s excellent work (1 Eq. Jur. § 397 et seq.) wherein he says: “The maxim is sometimes expressed in the form, He that hath committed iniquity shall not have equity. Like the one described in the preceding section, it is not, in its ordinary operation and effect, the foundation, and source of…
2Cases cited4 opinions
- Williams v. HigginsSupreme Court of Alabama · 1881
- Baird v. HowisonSupreme Court of Alabama · 1908
- Glover v. WalkerSupreme Court of Alabama · 1894
- Phillips v. BradfordSupreme Court of Alabama · 1906
3Cited by22 opinions
- Dale v. JenningsSupreme Court of Florida · 1925
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- San Ann Tobacco Company v. HammSupreme Court of Alabama · 1968
- Anders v. SandlinSupreme Court of Alabama · 1914
- Lavretta v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
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