Thomas v. Beaton

Citations

• 25 Tex. 318

Syllabus

<p>He who asks a recision of a sale of land, where he has secured a large portion of the purchase money, is subject to the maxim, that he who asks equity must do equity; he must have offered to restore the consideration money which he had received.</p> <p>Where the intervener showed that he had parted with the equitable title to the land in question, and failed to show that he had reacquired it, he was not entitled to recover.</p> <p>Where the intervenor amended, by tendering back the purchase money, which the plaintiff accepted, and the court entered a decree for specific performance and for an equitable lien according to the facts, the Supreme Court refused to disturb the judgment.</p>