
    Roberts v. Roberts, executrix.
    No. 11169.
    June 13, 1936.
    
      Po'ice Edwards, for plaintiff in error.
    
      Neely, Marshall & Greene, John B. Humphries Jr., and Walter Matthews, contra.
   Gilbert, Justice.

It appearing from the evidence that the transaction upon which this suit was instituted was fraudulent in its inception, and that the petitioner’s testator and the defendant were in pari delicto, equity should not interfere, but should leave the parties where it finds them. Code, § 37-112. Accordingly, the court erred in directing a verdict for the petitioner and in continuing the injunction.

Judgment reversed.

All the Justices concur.  