The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1842-03-25
Vol. No. 81


binding and conclusive upon him, and by
consequences upon the plaintiff who claims
under and in privity with him-a judgment
IS conclusive not only upon the immediate
parties TO it, but upon all claiming ia privity
with them. The Judgment against John B
Pease is not only conclusive ais to the con-
tract or instrument upon which it was rem
dered, but would be equally conclusive a.
galnst him in suit based upon. the Deed Of
Trust ITSELF. In Massachusetts where usuo
rious contracts are declared void by statute,
ut was held that where mortgage had been
given as collateral security for the payment Of
an usurous contract, upon which judgment
had been rendered, the mOrtgagor could not
in suit against him upon. the mortgage, a.
void his Deed, upon the ground Of usury,
because he was concluded by the Judgment.
Thatcher vs.. Cannon, IL Mass. 268. I know
it is sometimes said that the objection to the
class of contracts before me, has its Eounda-
ton in considerations of public policy which
are paramount to every thing else, and that
no act of the parties or change of interest can
control it. The application of this rule to the
case before me would be to hold, that there
was one system of policy and one code Of
morals for the Government and another for
its citizens: A distinction between goVo
ernment and its citizens in this point of view
is an abstraction which do not comprehend.
have not been able to perceive how State
is to preserve sound policy and good morals
by encouraging individual dishonesty. To
discharge the complainant in this case from
his contract to pay Ballard, Franklin & Co. 3
debt and Vacate the trust lien upon his proc
perry, would encourage a,species of bad faith
more demoralizing upon the community than
the doubtful and remote violation Of public
| policy, which his contract is supposed to in-
| VolYe. Private virtue and good faith in the
relations Of society, are not less the basis Of
sound public morals, than they are the source
of enlightened public policy. Let the viola
tor of public laws or public morals be restrain"
ed by suitable penalties, but do not give him
dissolution for the offence and pay him re-.
ward for its commission. Whilst i is the
duty of Courts of Justice to refuse assistance
| to contracts made in contravention Of public
! laws, some care is necessary lest BY too fas.
tidious an adherence to considerations Of pub.
lie policy, we sacrifice private justice and in.
dividual rights. Whilst fully acquiesce IN
| the propriety Of the decision of the High
4 Court of Errors in the case of Green We. Rob
inson so long as its principle is applied to the
original contract as between the immediate
parties thereto, yet think the public inter-
est is sufficiently guarded by refusing any
remedy upon the original illegal contract it-
self without extending It's Viliating effects
to contracts incidentally and colIaterally con-
nected with it. In this case. the question 10
between new parties and upon new con-
tract, who have also by their acts forsclosed
all objections if any could have been urgedr
and think the decision last referred to, does
not apply against such a case, but is an aU-
thority in favor Of the views have taken
/ am accordingly Of opinion that the Iniunc-
ton must be dissolved.