Dunlap v. Kelsey

Citations

• 5 Cal. 181

Syllabus

<p>The plaintiff purchased at Sheriff’s sale, under forclosure of a mortgage, property for twenty dollars, which was shown to be worth three thousand, with a rental of fifty dollars per month. The defendant purchased' the property under another mortgage sale for two thousand dollars, and the plaintiff being in possession filed his bill to cancel defendant’s deed, and remove the cloud from his , title, held, that to entitle a party to this relief, it must appear that the contract was fair, just and reasonable, and founded upon an adequate consideration; as a Court of Chancery will not use its powers to complete a speculation which is already too fortunate to obtain its favorable regard.</p>