
    Guardian Life Insurance Company v. Collins et al.
    
    No. 10073.
    September 15, 1934.
   Atkinson, J.

He who would have equity must do equity and give effect to all equitable rights in the other party respecting the subject-matter of the suit. Under application of this maxim, before a borrower who has executed a deed to secure debt can have affirmative equitable relief ' such as the setting aside of a sale by the creditor under the exercise of ■ a power contained in a security deed, such debtor must pay or tender the creditor the principal and interest due to him. Biggers v. Home Building & Loan Asso., ante, 429, and cit. Applying to the pleadings the principles stated above, whether or not the sale was unlawful because conducted as a private sale, the petition was subject to demurrer on the ground that no tender of the amount had been made by the plaintiffs. Consequently the petition failed to allege a cause of action, and the judge erred in overruling the demurrer.

Judgment reversed.

All the Justices concur.

Haas, Gambrell & Gardner and Charles D. Hurt, for plaintiff in error.

Pearce Matthews, contra.  