In equal fault; equally culpable or criminal; in a case of equalfault or guilt. See Itozell v. Vansyckle, 11 Wash. 79, 39 Pac. 270.In pari delicto potior est conditio possidentis, [defendentis.] In a case of equal ormutual fault [between two parties] the condition of the party in possession [ordefending] is the better one. 2 Burrows, 920. Where each party is equally in fault, thelaw favors him who is actually iu possession. Broom, Max. 290, 729. Where the fault ismutual, the law will leave the case as it finds it. Story, Ag.