Kern v. Middleton
Kern v. Middleton
Opinion of the Court
This writ of ejectment must be regarded as the equivalent of a bill in equity to rescind, and , is governed by the same principles. The contract has been fully executed, the deed delivered, and the purchase-money or consideration paid. In such case, it is not sufficient to show that there was some evidence of fraud, by means of which the plaintiff was overreached
The evidence in the case, so far from measuring up to this standard, is vague and unsatisfactory. It was so slight that the learned and careful judge of the court below declined to submit it to the jury. It is true the bonds accepted by the plaintiff did not prove as valuable as he perhaps expected, and he may have made a bad bargain in exchanging his land for them, but we see no such fraud in the transaction as entitles him to rescind.
We need not discuss the rulings of the court below upon the plaintiff’s points. The plaintiff had no facts to which his points could attach themselves.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.