Gilbert v. Holmes

Citations

• 64 Ill. 548

Syllabus

<p>1. Champerty—contract falling within definition of. Where a party, having an equitable claim to lands, had abandoned the same for a period of six years, and left the State, declaring that he would have nothing more to do with them; and the complainant, who was not a relative of such party, and was not an attorney whom the party had sought to aid him in the enforcement of his claim, sought such party and procured a power of attorney and bond from him, whereby he might prosecute his rights, and, if successful, was to receive one-half of what he might recover, and he was to pay attorney’s fees and all the. costs, in case he was unsuccessful, but if successful, the principal was to pay half the costs, but no attorney’s fees': Reid, that this arrangement fell within the very definition of champerty, the most odious species, of maintenance.</p> <p>2. Sam:e—equity will not enforce champertous contracts. Champerty being malum in se, and an offense at common law, it seems clear, upon principle, that a court of equity will not enforce a contract which is champertous, or a security given to pay for services to be rendered under an undertaking which is an offense at common law, or grows out of a champertous contract.</p> <p>3. Chancery—equity will not enforce rights not founded upon any valuable consideration as against persons purchasing for value. The principle is well settled that an executory agreement, or an imperfect conveyance upon a mere voluntary consideration, will not be enforced or aided in a court of equity.</p> <p>4 It would seem clear, upon principle, that an undertaking to carry into effect a bargain which was malum in se, and an offense at common law, can not be regarded by a court of equity as constituting a valuable consideration.</p> <p>5. Same—enforcement of security for the performance of contract against the policy of the law. Where an original bargain is contrary to the policy of the law, a deed, in the nature of a mortgage to secure its performance,