Franklin v. Cruce

Duckworth, Justice.

1. “He who would have equity must do equity, and give effect to all equitable rights in the other party respecting the subject-matter of the suit.” Code, § 3.7-104. Accordingly, it maj'’ be stated as a general rule that a petition to a court of equity to cancel a deed as a cloud on the title of the *59grantor, brought by the executrices of the grantor’s estate, on the basis that it is void as representing a sale by a -wife of her separate estate to her husband, for a valuable consideration, without an order of the superior court of her domicile, when there is no offer to…