Hairston v. . Keswick Corp.
Supreme Court of North Carolina
1Opinion of the CourtSeawell, J.
One of tbe best known and most often reiterated maxims of equity is: “He who seeks equity must do equity.” It is a mandatory application of tbe “Golden Eule” in tbe field of law administration, and has been said to express tbe fundamental principle of equity jurisprudence. In tbe application of tbe underlying principle to this case it means that tbe plaintiff, who has pleaded usury in bis debt to tbe defendants and has asked tbe court to enjoin tbe foreclosure of tbe mortgage securing tbe indebtedness until that debt may be stripped of its usury, must first tender to tbe defendants tbe amount…
2Cases cited3 opinions
- Wilson v. Union Trust Co. of MarylandSupreme Court of North Carolina · 1931
- North Carolina Mortgage Corp. v. WilsonSupreme Court of North Carolina · 1933
- Buchanan v. Carolina Mortgage Co.Supreme Court of North Carolina · 1938
3Cited by3 opinions
- Gaston-Lincoln Transit, Inc. v. Maryland Casualty Co.Supreme Court of North Carolina · 1974
- Insurance Co. v. . Guilford CountySupreme Court of North Carolina · 1946
- Jefferson Standard Life Insurance v. Guilford CountySupreme Court of North Carolina · 1946