Pinckston v. . Brown
Supreme Court of North Carolina
Cause removed from the Court of Equity of Rowan. The plaintiff was, at the time of the occurrences herein stated, an aged, infirm and ignorant woman ; she had lived in the same family with her son Meshach, the defendant’s intestate, for several years, and on account of her frail condition, mentaiy as well as physically, for she had just before had a stroke of paralysis, she entrusted the entire control and management of her business to him.
Read the full summary
Cause removed from the Court of Equity of Rowan. The plaintiff was, at the time of the occurrences herein stated, an aged, infirm and ignorant woman ; she had lived in the same family with her son Meshach, the defendant’s intestate, for several years, and on account of her frail condition, mentaiy as well as physically, for she had just before had a stroke of paralysis, she entrusted the entire control and management of her business to him. Her hands worked the plantation with him, aud all the profits and surplus realised from the crops, after paying the store-bills and other expenses, were…
1Opinion of the CourtNash, C. J.
Fraud vitiates every contract into which it enters, and equity will grant relief by declaring it void and decreeing the instrument executed under it to be delivered up, and this whether the fraud be actual or constructive. The party, however, claiming this relief, must come into Court with clean hands. If he has been apartieeps criminis in the concocting of the fraud, equity will leave him to his legal remedy; in other words, will not interfere be tween the parties, but stand neuter. Relief is not granted where both parties are truly in pari delicto. Eor enforcing, however, this rule, it is…
2Cited by5 opinions
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Pierce v. CobbSupreme Court of North Carolina · 1913
- Penland v. . WellsSupreme Court of North Carolina · 1931
- Pierce v. . CobbSupreme Court of North Carolina · 1913
- Sykes v. . ThompsonSupreme Court of North Carolina · 1912