Section 23-1-15. Where both parties equally at fault; where fault is unequal

   When both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if the fault of one decidedly overbalances that of the other.

Orig. Code 1863, § 3026; Code 1868, § 3038; Code 1873, § 3093; Code 1882, § 3093; Civil Code 1895, § 3937; Civil Code 1910, § 4534; Code 1933, § 37-112.