Houston v. Hurley

Citations

• 2 Del. Ch. 247

Syllabus

<p>A purchaser, under a contract for the sale of land, who has accepted a deed and entered into possession will, nevertheless, be relieved in equity against a defect of title afterward discovered by him, if fraud in the sale was practiced upon him by the vendor. Otherwise, it seems, if the deed were accepted in the absence of fraud.</p> <p>The right to rescind a contract for fraud must be exercised promptly after the discovery of it.</p> <p>A purchaser under a contract for the sale of land accepted a deed and en tered into possession in December, 1854, soon after which he discovered that the land had been sold, before the conveyance to him, for unpaid taxes; but he continued in possession until 1858, when, without eviction, he abandoned it. Held, that after so long delay he was not entitled to wholly rescind the contract; but held also, that a portion of the purchase money remaining unpaid, a court of equity will restrain the collection of it until a good title be made.</p> <p>A surety in a debt for which judgment is recovered against the principal is not discharged by a stay of execution, if such stay is required by statute, although it is entered as given by consent of the plaintiff.</p> <p>Nor is such surety discharged by a mere stay of execution after a levy.</p> <p>But if goods levied upon under the execution have been released by the creditor, without the surety’s consent,the surety is discharged pro tanto.</p>