(Download) "Blanchard v. Brown" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Blanchard v. Brown
- Author : United States Supreme Court
- Release Date : January 01, 1865
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Mr. Hitchcock, for Blanchard, the appellant: The reply to what is argued by Mr. Fuller is twofold. 1st. The suit at law concerned only the legal title. This bill to redeem is based on an equitable one. The sheriff's sale was sufficient to pass the legal estate, and upon it the purchaser could maintain ejectment. It is altogether another question whether the sale was attended by such circumstances of fraud and irregularity as will induce a court of equity to relieve against its legal effect. The object of the action at law was to assert such paramount legal title. The object of this suit in chancery is to get rid of such title by redemption. A mortgagee may recover upon his fee at law, but he cannot assert such recovery as a bar to redemption in chancery. Fraud will avoid a deed at law only when it relates to the execution of it; but a recovery upon such a deed cannot be urged as a bar to a bill to compel the surrender and cancellation of it, for fraud in the consideration.3
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