Dowse v. Kammerman

HENRIOD, Justice.

I concur reluctantly. Plaintiff obtained the property by tax deed at a time when values were low. The consideration therefor was relatively small. He quitclaimed to Doris Trust, apparently for a substantial consideration. Years *92later, but a comparatively short time before defendants’ interest would have ripened into unimpeachable title by adverse possession, — when values had trebled or quadrupled, plaintiff purchased the title of the record owners for a paltry sum, sued to quiet title against defendants, and attacked the very title which he formerly had, and sold. He did not offer even to disgorge the amount of his unjust enrichment.

The writer believes such conduct smacks of unconscion-ability, — to the point where the trial court well might have refused to entertain jurisdiction on simple, elementary principles calling for application of the clean hands doctrine.