White v. Crew
Supreme Court of Georgia
In Equity, in Henry Superior Court. Tried before Judge Starke, October Term, 1853. This bill was filed by William E. Crew, against William H. White and John Neal, for discovery, relief and injunction.
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In Equity, in Henry Superior Court. Tried before Judge Starke, October Term, 1853. This bill was filed by William E. Crew, against William H. White and John Neal, for discovery, relief and injunction. Tlf©!*bill states, that in April, 1840, William E. Crew, with White and others as his indorsers, executed a note to John Neal, on which'Neal obtained judgment against the parties, and execution issued thereon 3d November, 1841; that Crew executed to said indorsers a mortgage upon lots of land Nos. 61, 68 and 69, in the 6th district of Henry County, which mortgage was foreclosed at the October…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In the judgment of this Court, the defendant, White, has totally misapprehended the nature of the agreement entered into between the complainant and himself. We recognize the general rule, that where an illegal or fraudulent contract has been made, neither Courts of Law nor Equity "will interpose to grant any relief to the parties, but will leave them where it finds them, if they were equally cognizant of the illegality or participated in the fraud, unless in cases where the public policy would be promoted.
[2.] But such is not the character…
2Cited by13 opinions
- Watkins v. NugenSupreme Court of Georgia · 1903
- Prude and Rice v. CampbellTexas Supreme Court · 1892
- Rush v. AutrySupreme Court of Georgia · 1954
- Seymour v. National Building & Loan Ass'nSupreme Court of Georgia · 1902
- Columbus Wine Co. v. SheffieldCourt of Appeals of Georgia · 1951
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