Binkley v. Nolt

Citations

• 46 Pa. Super. 531
• 1911 Pa. Super. LEXIS 309

Syllabus

<p>Judgment — Opening judgment — Fraud —• Clean hands — Equitable maxims.</p> <p>1. He who comes into a court of equity must do so with clean hands.</p> <p>2. Equity has no relief for a party who in the practice of one fraud, has become the victim of another.</p> <p>3. A party who seeks to set aside a transaction on the ground of fraud must himself be free from any participation in the fraud, if he desires equitable relief.</p> <p>4. A judgment entered upon a verdict in a case which is within the jurisdiction of the court, and in which the proceedings arc regular on their face, will not be opened upon the application of the party against whom it was entered, where it appears by his own statement that he could have produced evidence at the trial that would have entitled him to a verdict, but omitted to do so pursuant to a secret agreement entered into between himself and the other party, for the purpose of defrauding creditors or other parties.</p>