IN PARI DELICTO

In equal fault; equally culpable or criminal; in a case of equal fault or guilt. In pari delicto potior est conditio possidentis [defendentis.] In a case of equal or mutual fault [between two parties) the condition of the party in possession [or defending] is the better one. 2 Burrows, 926. Where each party is equally in fault the law favors him who is actually in possession. Broom, Max. 290, 729. Where the fault is mutual, the law will leave the case as it finds it. Story, Ag.