Harpe v. Stone

Hawkins, Justice.

1. Under the long-recognized and codified maxim that “He who would have equity must do equity” (Code § 37-104), before a borrower who has executed to the same grantee two deeds to secure debts can have affirmative equitable relief to set aside a sale by the creditor under exercise of the power of sale contained in the deeds, and to set aside the deed made by the creditor to a third person by virtue of such sale, and a deed by the creditor’s grantee to still another person to a portion of the property, and an injunction against the creditor and the persons claiming under him…