Helsley v. Fultz

Citations

• 76 Va. 671

Syllabus

<p>1. Equitable J urisdictioh—Breach of trust.—It is a rule of courts of equity that they will not ^assist one wrongdoer against another.” If the agreement be executory, its execution will not be compelled, nor its cancellation decreed. If it has become executed, it will not be set aside and the fraudulently conveyed property restored to the plaintiff. In all such cases the parties will be left as they placed themselves.</p> <p>2. Idem:—Confederate transactions.—In 1862, H qualified as curator of C, and among the assets was a debt, secured by deed of trust, executed on land in 1856. Balance due July 24th, 1863, was $2,317, which was then paid by the debtor F in Confederate currency. H received the currency on condition that he incurred no responsibility, and his counsel approved. The counsel disapproved, and H refused to release the trust deed. It was not shown that there was anything in the condition of the estate or of the debtor which justified such collection. On bill filed by debtor in 1867, claiming that the debt had been paid, and praying that the trust deed be released—</p> <p>Held :</p> <p>1. The court will not interfere.</p> <p>2. The receipt of the Confederate currency was a devastavit, wherein the trust debtor participated.</p> <p>3. Had the transaction been consummated by the release of the trust-deed, the court would have held both payer and receiver responsible for the debt to the distributees of C.</p> <p>4. But as H invested the currency in Confederate bonds, in view of the circumstances disclosed by the record, F is entitled to a decree against H, personally, for the value of the currency paid him, with its interest.</p>