Page:Federal Reporter, 1st Series, Volume 4.djvu/46

 82 J^DSBAIj BErOBTES. �Bateman V. Faegason. �[Cirùuit Court, W. D. Tennessee. ,1880.) �1. Equitt— Fraud— Whbn Plaihtiff Repelled— Clean Hands.— The maxim that " he who cornes into equity must do so with clean hands," will not repel the plaintifE, unless the fraud complained of in him is s part of the very transaction as to which he seeks relief. �a. Bame — Case m Jtjdgment.— On a bill to set aside a settlemeat and eliminate usury from an account which has been paid by a transfer of Jand, the confession by the plaintiff that he coerced his wife to sign the deeds will not repel him from a court of equity. �George Gantt and W, D, Beard, for plaintiff. �Taylor e Carroll, for defendant. �Hammond, d. J. This is a bill to re-open the settlement of an account on the ground of usury, undue influence, and vio- lated confidence, amounting to an alleged fraudulent imposi- tion by the defendant upon the plaintiff. It appears by the bill that the plaintiff and defendant were joint owners of a plantation, the plaintiff managing the property in the business of growing cotton, which was sent to the defendant for, sale, he being a cotton commission merchant; the supplies to fur- nish the plantation being supplied by the defendant from his stock of merchandise, or otherwise, and charged to the joint account. The account also contains items of money advanced to the plaintiff to pay for his share of the purchase money of the plantation. The parties had a settlement, and the plain- tiff appeared to be indebtedto the defendant in some $20,000. To secure this the plaintiff executed a mortgage on his share of the land, and subsequently an absolute deed in full pay- ment, his wife joining in the conveyance for the purpose of releasing her dower and homestead rights. �The plaintiff alleges in the bill that he procured this ac- quiescence of his wife by coercion, setting forth in detail his angry denunciations of her for her remonstrances, and his threats to bave defendant, whom she greatly disliked, ap- pointed guardian for her children, and such other like con- duct as procured her signature to the deeds. The bill is demurred to because of this allegation of coercion and cou* ����