Vandyke v. Walters

Citations

• 88 Ill. 444

Syllabus

<p>1. Fraud—as a ground for rescission of exchange of lands. Where a party, by false and fraudulent representations as to the situation, quality and value of Texas lands, procures a party to convey to his father-in-law lands in this State in exchange for the Texas lands, the latter being a party to the fraud, a court of equity will restore the injured party to his legal rights, by rescinding the contract.</p> <p>2. Same—court not hound to adjust equities between participants in fraud. On bill to rescind a contract for the exchange of lands, for fraud practiced by the defendants, the latter will not have such a standing as to require the court to adjust nicely the equities between them, in decreeing a reconveyance of the lands they gave in the exchange.</p> <p>3. Decree—interest not litigated is not affected. Where the equities of a portion of the defendants are not set up in the pleadings, as against another defendant, so as to justify the court in taking notice of the same, they will not be affected by the decree.</p>