Year: 1859

in a pretended title which must necessa-
rilv result in litigation; and in order to
accomplish the end for himself and Lis as
sociate. he assumed the character ap-
pointed by the law for the assertion OF
lust rights. but which cannot be allowed
to be perverted to sustain claims which
are unconscientious, or against the polcy
of the law. Such course cannot be sane
toned by court of equity.


The policy of the law is, that an OIL
cious intermeddling by one in a suit which
does not belong to him, by maintaining
or assisting party with money, or other
wise to prosecute or defend it, is not to be


tolerated. tits said to be against public


Justice, because it keeps alive strife and


contention, and perverts the remedial


process of the law into an engine of OPP


preston 4 Bl. Comm. l34. And it is


well said that the reason of this policy is,
that no encouragement should be given to
| litigation, by the introduction of parties to
! enforce those rights which Others are not
| disposed to enforce iKent's Comm. 447,
Note. To permit party to purchase an
interest in property held by an adverse
| claim and possession, directly with a view


to litigation, and to clothe himself with a
| character provided by the law for the en-
| forcement of Just and legal rights, and
avail himself of such character to realize


his alleged design, would be to allow


manifest perversion of the forms and rem


edies of the law, and in contravention of


sound policy and established principle
The circumstances of this case show plain


ly that the object of the appellee in ta-


king upon himself the character Of col


lector, was not to advance the ends of le-
| gitimate administration, but to get pos


session of the property, to subserve the


purpose of his speculation. 1t is a clear


case of otficious intermeddling with the


estate, and an abuse of the forms allowed


by law, to his own private benefit and


though in form the suit is brought by one


clothed with legitimate authority, yet a


court of equity which considers the sub


stance, and not the form of the proceed


ings, will regard it as mere suit for his


individual advantage by one who is sub


stantially an assignee of the interests


sought to be recovered in his formal and


colorado character of administrator


If it be said that notwithstanding such


be the object of the proceeding, yet he


would be accountable for the property
under the authority of the Probate Court


and the distributes would be entitled tC
l recover their interests, vet the rights o1
: the party must be determined by the atti
tude in which he presents himself ano
asks relief; and ifit appears that the pro


ceeding Is founded in a collusive and ille
!; gal purpose of using the forms and RENE
dies of the law to enable the party to reaI
the fruits of speculation in litigation hi
conduct is a fraud upon the law; and ;
., court Of equity will not consider whethe
good may not come from it, but will re
fuse to lend any assistance to his illega


design. The court cannot act upon tn
assumption that the distributes will ac
: in bad faith and repudiate their assign


ments to him, and thus that he will be dc
barred of the benefit of his speculation
: 1t is sufficient to exclude him from an
: aid, that he presents himself in such
manner as to show that he is seeking
) pervert the forms and remedies of tn
; law to his own private benefit, and unde
a color of an official character, to appropr
: ate the property of an estate to his ind
Il vidual advantage in furtherance of aspe
, ulation entered into by him for that pu
y n pose. We are, therefore, of opinion th'
!. the appellee was not entitled to the reli
j sought and decreed, and that the deere
e must be reversed and the bill dismissed.
HANDY.