58 N.C. 106 | N.C. | 1859
Thomas Turner, the ancestor of the plaintiff, having made a contract, in writing, with one Ward for the purchase of 100 acres of land, paid him the most of the purchase money for the same. Ward assigned the tract, out of which the 100 acres was to be taken, to one Daniel Freeman. Turner paid the remainder of the purchase money, and being anxious to purchase more of the said tract, he procured the defendant's ancestor, Solomon Eford, to act for him in the transaction. Accordingly, Turner bargained with Freeman for an additional quantity of the land, and got Eford to give his note for the whole, as well as that previously paid for, as the additional quantity agreed for, and Freeman made the title for the whole to Eford, amounting to 190 acres, Turner agreeing to make the payments as the same might fall due. Turner remained in possession of the land from the time of his contract with Ward. Solomon Eford died, and Freeman put the note in suit against his administrator and obtained judgment, which Turner paid off. Turner then demanded of the defendants, who are the heirs at law of Solomon Eford, that they should make title to him, which they refused, and having brought an action against the plaintiffs, who are the heirs *96 of Thomas Turner (he having in the meantime died), they obtained a judgment and took out a writ of possession, and were proceeding to have the same executed when this bill was filed to compel a conveyance of the legal estate, and for an injunction, and for general relief.
The defendants answered, setting up as a defense that the arrangement made by Thomas Turner with their ancestor, Solomon, was (107) done to hinder, delay and defraud the creditors of the said Thomas, and particularly one Edmund Smith, who had a judgment and execution against him and had actually levied on his interest in the said land. Replication and commissions.
There were proofs taken which, if believed, established the fraud alleged in the answer.
The plaintiffs have established the allegations of their bill by proving that their ancestor made a valid contract for the land in controversy, paid all the purchase money, and had the title made to the ancestor of the defendants, upon a parol trust, to hold it for him. So they have brought the case within the principle established by Cloninger v. Summit,
Upon this state of facts, it is a well-settled principle of this Court not to interfere so as to aid the party or those who claim under him to reap the fruits of his iniquitous dealing. "One must come into equity with clean hands."
This principle is fully recognized by Pinckston v. Brown,
PER CURIAM. Bill dismissed. *97
Cited: Henderson v. McBee,
Dist.: Leggett v. Leggett,