Stoffela v. Nugent

Citations

• 217 U.S. 499
• 30 S. Ct. 600
• 54 L. Ed. 856
• 1910 U.S. LEXIS 1977

Syllabus

<p>One committing a fraud does not become an outlaw and caput lupinum. Although one by reason of. fraud may have no standing to rescind his transaction, if it is rescinded 'by one having the right to do so the court should do such justice as is consistent with adherence to law.</p> <p>. Although one holding a unortgage may have fraudulently endeavored to prevent another from acquiring the fee of the property, he may still •be entitled to'Lave bis mortgage paid if the other finally gets the '' property.</p> <p>■ Deeds' and discharges of.mortgages although different instruments may be parts of one transaction; and one setting aside the deed may also be required to give up the discharge so as to restore other parties to the condition in which they stood prior to the transaction.</p> <p>18 Arizona, 151, reversed '</p>