Deans v. Robertson
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. F. A. Ceitz, Chancellor. From January 1, 1883, to February 5, 1886, W. H. Robertson & Co. were carrying on the business of merchants without a privilege license. During that time William Deans became indebted to them for goods bought in the sum of five hundred and ninety-three dollars and eighty-five cents.
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Appeal from the Chancery Court of Clay County. Hon. F. A. Ceitz, Chancellor. From January 1, 1883, to February 5, 1886, W. H. Robertson & Co. were carrying on the business of merchants without a privilege license. During that time William Deans became indebted to them for goods bought in the sum of five hundred and ninety-three dollars and eighty-five cents. On January 17, 1886, they executed their two notes, payable October 1, 1886,. to Robertson & Co. for that amount, and secured it by a deed of trust on certain real and personal property. These notes and security were assigned by Robertson…
1Opinion of the CourtCampbell, J.
*198The notes and deed of trust to secure them were' “ null and void” by § 589 of the code in the hands of W. H. Robertson & Co. and any person deriving from them. Incurable infirmity infected the contract, and was in no way helped by the transfer, ho'wever innocent may have been the transferree or what value was paid. The claim that the statute applies to the contract only in the hands of the guilty violator of the law is not sound.
Qui hceret in litera, hceret in cortice.
But it is true that who seeks equity must do equity, and that a bill to cancel a contract on the ground of illegality will not…
2Cited by5 opinions
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