Williams v. Peters

Robinson, J., delivered the opinion of the Court. This is an action of ejectment to recover possession of a house and lot. In addition to the general issue plea, the defendant filed five special pleas. The main question, however, arises upon the demurrer to the fifth plea, by way of equitable defence, which alleges, that Samuel Williams, the husband of the plaintiff, conveyed the property mentioned in the declaration to Lemuel Malone, and that Malone conveyed it to the plaintiff; that these conveyances were voluntary conveyances, made without consideration, and in fraud of one James Disharoon, under whom the' defendant claims.

Such a plea as this is a bad plea, even by way of equitable defence. It admits the leg'al title to be in the plaintiff, and then, by way of defence, alleges that said title was derived through a voluntary conveyance, which conveyance was in fraud of-James Disharoon, under whom the defendant claims. ⁵⁸⁶ Now, the facts which section 83, of Article ¹⁵, of the Code, allows a defendant to plead as an equitable defence in an action at law, are such facts as would entitle him to relief in a Court of equity against the judgment, if recovered. And, unless the facts pleaded are such that a Court of equity would restrain the execution of the judgment, they cannot be set up as an equitable defence in an action at law. The conveyance under which the plaintiff claimed, even though it may have been a voluntary conveyance, was valid and binding as between the parties to the same; and, if it was. made in fraud of the rights of the subsisting creditors of the grantor, their remedy was in a Court of equity to set aside the