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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 75   View pdf image (33K)
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STRIKE'S CASE.—1 BLAND. 75

tween the parties of grantor and grantee, but also, almost always,
* upon the vendee's being brought before the Court by the
vendor; that is, the contracting party injured as plaintiff',
against the party injuring as defendant. A few examples will
sufficiently illustrate this position; The plaintiff' came to be re-
lieved against the penalty of a bond; the ground of equity was
established by the proofs, and the relief was decreed, but not
without the payment of principal and interest, even although it
exceeded the penalty of the bond. Fran. Max. 4, note; 2 Er.
Poth. Obi. 89. But where lands were devised for the payment
of debts, and there was a bond debt, the interest of which outran
the penalty, yet the creditor, on a bill filed by him, was allowed
to recover no more than the penalty. In the first case the credi-
tor was sustained by this maxim of equity; in the second, his case
rested barely on his own contract. Again, the plaintiff for ninety
pounds lent, fraudulently obtained a bond for eight hundred
pounds, on which he obtained a judgment, and the object of the
bill was to have certain lands subjected to the plaintiff's satisfac-
tion in equity. But the Court would not give him any relief, not so
much as for the principal he had really lent, and dismissed his
bill. If, however, the defendant in this case, had come in to set
aside the judgment for fraud, equity would have obliged him to
pay the ninety pounds really lent. This case is also illustrative of
another maxim, that he who has committed iniquity shall not have
equity. Fran. Max. 8.

Now in order to bring these cases, and the principle they illus-
trate, fully to bear upon the case under consideration, it must ap-
pear, that the complainants not only claim under Rogers; but,
that they stand here, in all respects, as he would have stood; and
that they ask to have these deeds vacated upon the same grounds,
that he could have made a similar prajer. But the case now be-
fore the Court is of a totally different nature. Rogers himself is
here as a defendant, charged as a particeps fraudis, and relief is
prayed by these complainants against him as well as against
Strike. The present creditors do certainty claim this property
under Rogers; and it is also true, that they can only take it, sub-
ject to all lair, legal and equitable liens with which Rogers may
have incumbered it, antecedent and superior to their claims. But,
as against Strike, these plaintiffs are to be considered as pur-
chasers of the most favored and meritorious class, holding by a
prior and superior title. The improvements and the advances for
the ground rent, the Pratt street assessment, and the taxes alleged
to have been made and * paid by Strike, give him no lien
upon the property itself against the rightful owner, either
Rogers, these creditors, or any one else. But if Rogers had come
here to be relieved against the fraud practised on him by Strike,
and to have the property restored to him, the Court would have

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 75   View pdf image (33K)
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