Bleakley's Appeal

Citations

• 66 Pa. 187
• 1870 Pa. LEXIS 294

Syllabus

<p>1. Irvin bought land by articles and paid part of the purchase-money;</p> <p>Lamberton entered a judgment against him, afterwards Irvin assigned the articles to Bleakley antedating the assignment to precede the judgment to defraud Lamberton, and Bleakley paid the vendor the balance of the purchase-money. Lamberton bought Irvin’s title under his judgment. Lamberton was entitled to specific performance from the vendor without repaying Bleakley.</p> <p>2. Bleakley was not entitled to subrogation to the vendor’s rights.</p> <p>3. Subrogation is of pure equity and benevolence, not of contract.</p> <p>4. One attempting to defraud another by payment, cannot ask repayment from him attempted to be defrauded.</p> <p>5. The payment was not on a bargain with the vendor, but was voluntary.</p> <p>6. A chancellor will not assist one to obtain anything arising out of a</p> <p>fraud. ‘</p> <p>7. He who does iniquity shall not have equity.</p>