John McKinley

“ When the answers of the defendant are directly responsive to the allegations of the bill, they amount to positive proof. But in this case there is no allegation in the bill, in relation to this assignment or re-assignment. Brown, in giving a history of the transactions between him and Randel, sets up in his answer this sum of $2000, as having been assigned to him in part payment of his services; and in another part of his answer, he states, that upon receiving the certificates and power of attorney, at the request of Randel, he re-assigned his interest in the judgment to him. ”

“ On the 29th of October, 1836, Randel filed his bill in the Circuit Court for the eastern district of Pennsylvania, in which he alleged that he was desirous of negotiating a loan from one of the banks in the city of Philadelphia, and hoped to do so by depositing as collateral security such of the certificates of debt, issued by the canal company, as might be sufficient to protect the lender from loss, giving at the same time his promissory note in the customary form ”

“ Because a man does what is wrong, a court should not take away what belongs to him and give it to another, to whom it does not belong.
A party may justify on a good ground, although there is also a bad ground in the case. ”

“ On the 22d of October, 1836, Randel gave Brown a power of attorney, authorizing him to sell, assign, and transfer unto himself or to any other person or persons, $10,000 of the funded debt of the Chesapeake and Delaware Canal Company, entitled to priority of payment and transferable according to certificates thereof, numbered 34 and 35, each for $5,000. ”

“ And in answer to the interrogatories in the bill, Brown says, 'that he did not receive said certificates and power of attorney, in trust and confidence, in the manner and under the circumstances therein set forth, but absolutely, as an unqualified transfer, in payment of a debt due to him, by the complainant, and distinctly admitted by him, and to enable him, the respondent, to pay William H. Camac the amount of his, the respondent's, acceptance, as before stated ”

“ The answer further set forth that on the 20th of October, 1836, after a conversation between the parties respecting a settlement between themselves, the complainant took from his pocket two certificates of the funded debt, each for $5000, and handed them to the respondent, and upon the respondent asking what they were for, the complainant replied 'they are to pay you and Mr. Camac,' adding that he wished the respondent to go to New Castle and reassign the judgment for $2000. ”

“ That touching the disposition your respondent has made of the said certificates, he says, that they still stand in the name of your respondent, and were surrendered to this honorable court, on the presentation of the complainant's bill of complaint.' To the answer the complainant filed a general replication. And, after time had been allowed the parties to take depositions, the court referred the case to three masters, with special instructions. ”

“ To provide a decent support for the grantor, during his life; and after a full remuneration for his expenses and trouble, in that respect, to hold the residue of the estate for the benefit of the heirs-at-law. Handy procured the conveyance from Wheaton, and entered upon and possessed the property till his death, but refused to execute the declaration of trust.
The bill then prayed for an account; and that a decree might be rendered, exonerating the estate from the deed to Handy, after satisfying his just claims, &c. ”

“ He who asks the aid of a court of equity must offer to do equity. St. John v. Halford, Bart., 1 Ch. Cas., part 97; Lord Dacres v. Crompe, 2 Ch. Cas., part 87; Stanley v. Gadsby, 10 Pet., 521; Brown v. ”

“ A claim existing will not justify the retention of trustfunds, 9 Wheat., Palmer v. Gracie; Thompson v. Eyre, Supreme Court of Pennsylvania, 3 Desaus. (S.C..) , 268; 11 Wheat., 125.
The answer, setting up a contract, is not responsive to any part of the bill, and a defendant is only a witness as to what he is asked. 2 Stew. (Ala.) , 302; 2 Johns. (N. Y.) , Ch. 88, 90; 1 Bibb, (Ky.) , 195; 8 Cow. (N. Y.) , 387; 1 Wash. (Va.) , 224; 1 Mumf. (Va.) , 395.
J. R. Tyson.
The confessions of a party form the weakest of all evidence deemed admissible in law. Bernard v. Flournoy, 4 J. J. Marsh. (Ky.) ”