
    Gill, &c. vs. Webb’s administrator.
    April 19.
    Error to the Scott Circuit; John Trimble, Judge.
    Chaucers'. Case-3,
    
      Gaming, Equity, Injunction, Statutes.
    
    An obligation formoneylost with'íCand by B. with C. at the same sitting, im-executed^to €. is within the statute.
    auclf'anobli gation may be Sy enjoined,
    But repay-went of mo-^artof'such obligation, cannot be decreed. •
    Monroe, for plaintiffs; Sharp, fop defendant.
   Ch. J. Barry

delivered the opinion of a special court, composed, by consent of parties, of himself and Judge Dayidge.

John Y. Webb, administrator- of W, S. Webb, filed his bill in the Scott circuit court, to be relieved from a judgment at law rendered against him in the name of ^a'Jr‘e^ Chisham, for the benefit of George Gill,

The circuit court did right to perpetuate the injunction against (he judgment at Jaw, with costs.

But it was erroneous to decree that Gill should pay to the complainant the $140 he had received of the intestate. The principle that forbids a court of equity to sustain a bill for the recovery of money paid on a' gaming consideration, on the mere ground that it was lost by gaming, is settled in the ease of Downs vs. Quarles and Crittenden, Litt. S. C. 489.

The decree must be reversed with costs, and the cause remanded to the circuit court, with directions, to enter up a decree in conformity to this opinion..  