Martin v. Hodge
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court. Hon. I. M. Pittman, Circuit Judge. * No title can be divested from one and vested in another by a lottery, and no testimony concerning such lottery is admissible. “Ex turpi contractu non oritur actio.” Mansf. Dig., secs. 1914, I9I5> 3‡°3> 34°D 1 Taunt., 136; 17 Mass., 238; 14 Me., 4.04.; 10 Beng., 107; 17 Vt., 103; 3 Hill. (N. Y.), 27; 22 Me., 488; 3 Penn.., 432; 2 Miss., 18; 4 Humph.
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APPEAL from Carroll Circuit Court. Hon. I. M. Pittman, Circuit Judge. * No title can be divested from one and vested in another by a lottery, and no testimony concerning such lottery is admissible. “Ex turpi contractu non oritur actio.” Mansf. Dig., secs. 1914, I9I5> 3‡°3> 34°D 1 Taunt., 136; 17 Mass., 238; 14 Me., 4.04.; 10 Beng., 107; 17 Vt., 103; 3 Hill. (N. Y.), 27; 22 Me., 488; 3 Penn.., 432; 2 Miss., 18; 4 Humph. (Tenn.), 199. The parties are in the same attitude as if there had been no lottery. 22 Pick., 181. Martin seeks to disaffirm the illegal transaction, and such actions can *be-…
1Opinion of the Court
Battle J.
This is an action of repleyin to recover the possession of two horses. There is no cqntrovery about the facts in the case. As proven on the trial, they are, substantially as follows:
On the 25th day of December, 1884, the appellant, George W. Martin, was the owner of two horses. He determined to dispose of them by lottery, and for that purpose sold two hundred and fifty tickets at one dollar each, James Hodge, the appellee, being one of the purchasers. Afterwards, on the night of the 25th of December, 1884, the lottery took place in Eureka Springs, in this state. • Three men were…
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