Chesapeake Guano Co. v. Montgomery
Chesapeake Guano Co. v. Montgomery
Opinion of the Court
Spraggins, Buck & Co. and others, as creditors of R. G. Williams, filed their bill against said Williams and H. B. T. Montgomery, alleging that Williams had fraudulently conveyed or transferred certain of his property to Montgomery, and praying that said property might be subjected to the payment of their debts against Williams. Pending that suit and before answer therein, the Chesapeake Guano Company instituted an action at law against said Williams and ancillary thereto shed out a writ of garnishment directed to said Montgomery, requiring him to appear and answer
Upon the facts thus averred in his bill, we are of opinion that Montgomery is not entitled to the relief he prays, or any equitable relief. If the transfer by Williams to him is untainted with fraud, and therefore valid, he has a perfect defense at law against the garnishment proceeding, and hence could have no standing' in equity. On the other hand, if Montgomery has been guilty of the fraud alleged in the bill of Spraggins, Buck & Co., et al. and in the contestation of his answer in garnishment, he is debarred from invoking the interposition of equity by the application and operation of the maxim, he who comes into equity must come with clean hands ; or, as otherwise expressed: he that hath committed iniquity shall not have equity. — 1 Pom. Eq. Jur., §§ 397-99, 401. Ou this latter phase of the case, the complainant is seeking protection from a situation resulting from his own fraud and wrong committed against the party who is attacking that fraud and wrong, and whose efforts to that end he thus endeavors to forestall. The
Reversed and rendered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.