EQUITY-RESCISSION FOR FRAUD-EQUITABLE LIEN IN AID OF RESTITUTION

Authors

Abstract

Defendant had an option to buy certain land at $95 per acre. He induced the plaintiff to take 100 acres at $300 per acre by fraudulently representing the land to be of the same value and quality as some he had previously sold her, and by concealing the existence of the option. Defendant used $20,000 of plaintiff's money to purchase and improve another tract of land as a homestead. Plaintiff seeks to have the contract of purchase rescinded and to secure a lien on the homestead. Held, conveyance of the 100 acre tract rescinded and title to it restored to defendant, plaintiff being given an equitable lien on defendant's homestead for the $20,000 of her funds traceable into that property, and judgment for the balance of her net expenditure. Bush v. Gaffney, (Tex. Civ. App. 1935) 84 S. W. (2d) 759.

Recommended Citation

EQUITY-RESCISSION FOR FRAUD-EQUITABLE LIEN IN AID OF RESTITUTION, 34 Mich. L. Rev. 883 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss6/14