1. Pending an execution against A, he conveys his property to B by a deed purporting to be absolute and for a valuable consideration; and it is agreed between A and B that when the execution shall be satisfied B shall reconvey the property to A. Equity will not enforce this agreement.
2. No person is entitled to the aid of a court of equity to enforce a contract entered into with a fraudulent intention or for a fraudulent purpose.
3. Fraudulent conveyances are binding upon the party making them.
4. In applying the maxim, "that he who does iniquity shall not have equity," to particular cases, it is not necessary that it should appear that the iniquity was done to the person against whom relief is sought, although it must appear to infect the particular transaction out of which an equity is attempted to be set up.
From Chatham.
To this bill the defendant demurred, and for cause of demurrer alleged that the bill did not contain any matter of equity, whereon the court could grant any decree or give the complainant any relief or assistance as against the defendant. And the questions arising upon this demurrer were sent to this Court for the opinion of the judges.
This case being similar, in many of its circumstances, to the case of Jackson v. Marshall, post, 323, and both cases depending in part upon the same principles, the facts of the latter case are here stated.
Cited: Dobson v. Erwin, 18 N.C. 575; York v. Merritt, 80 N.C. 290; Pittman v. Pittman, 107 N.C. 162; Bank v. Adrian, 116 N.C. 543.
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