Dancy

The “unclean hands” doctrine is often invoked but rarely applicable. We publish this case because it illustrates a proper application of that doctrine—and Civil Code section 3543 (section 3543), a related maxim of jurisprudence—to preclude a party from attacking an admittedly forged deed.

Augustus Collins and Elijah Flowers were brothers-in-law who jointly owned a house. 1 Elijah’s son Joseph Flowers (not a party herein) had once been on the title to the house, and after Elijah and Augustus died, he apparently forged their signatures on a deed purporting to transfer the house for no consideration to defendant Brazil McIntyre. Andre Flowers (Elijah’s *1242 son and Joseph’s half brother) tried to obtain control of the house, by filing an improper mechanic’s lien, renting the house to a couple (the Bovets, sometimes spelled Bovettes in the record, not parties herein), and filing a quiet title action.

After Andre’s quiet title action was dismissed, McIntyre’s attorney advised McIntyre that she owned the house, and McIntyre deeded the house for no consideration to defendant Daryl Dancy. Dancy applied to World Savings Bank (succeeded by defendant Wachovia Mortgage), for a…