Boyd v. Thornton

Citations

• 21 Miss. 338

Syllabus

<p>He who comes into a court of equity seeking to have impediments or clouds removed from his title, must come prepared to show the entire fairness of his own title; and if he fail in doing so, a court of equity will give him no relief, but will remit him to his remedy at law.</p> <p>In this case, both parties claimed under judgments against the same defendant, of the same date ; the complainant was the first to purchase under one of the judgments; but the defendant had, in addition to his subsequent purchase under the judgment he purchased under, also purchased the land before either sheriff sale, directly from the defendant in the judgments, but since their rendition and subject to their lien; the complainant sought a cancelment of both titles of the defendant; the defence set up was, that the complainant had purchased with the means or for the benefit of the defendant in the execution, for whom he held the land; the court review the facts in the case, and reach the conclusion that the facts proved are at least sufficient to cast suspicion upon the complainant’s title, and therefore they refuse him relief, but dismiss his bill without prejudice.</p> <p>However broad the statute may be authorizing the true owner of real estate to come into equity to remove clouds from his title, it does not alter the settled equitable rule that he who comes into equity must come uncontaminated by fraud, and with clean hands.</p>