This section contains the nature of the case and procedural background.

On April 23, 1970, H conveyed to W for the stated consideration of one dollar the land and residence which both owned and had been occupying as tenants by the entireties. H brought this action to compel a reconveyance. H and W were married and had become the owners of the land in question by means of a gift from W's parents on August 3, 1956; their house was subsequently built and paid for primarily, if not entirely, out of the earnings of H. W learned of H's adultery and confronted H. H admitted to her not only that he had been engaged in an adulterous relationship, but that the 'other woman' was W's own sister, Victoria Gavin. H wrote out a 'confession' in which he detailed his involvement with Mrs. Gavin. W decided to use her new-found leverage. H was told that Mr. Gavin would be down at the house 'with the law.' H was told they could lose the house if Gavin sued. H then agreed to transfer his interest in the jointly-held property after a prolonged hysterical outburst by W. Prior to the transfer H, and W still lived together having sexual relations despite H’s having had sex with W’s sister. W claimed she was interested in preserving the marriage. After she got the house, W ended all relations and moved out the bedroom. H sued D for a constructive trust. The chancellor concluded that W held what had been H's share in the property as constructive trustee for him because 'the transfer of H's interest in real property jointly held was fraudulently induced by threats and misrepresentations of W. It held that H was entitled to a reconveyance of his interest in the real property. After en banc argument the court concluded that H was not barred by the clean hands doctrine. W appealed.

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