64 Miss. 195 | Miss. | 1886
delivered the opinion of the court.
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 be maintained unless it offers to pay what is justly due, and on this ground the demurrer was properly sustained. 1 Pomeroy’s Eq. Jur., § 391; 1 Story’s Eq. Jur., § 642.
Affirmed.