Harton v. Federal Land Bank

Duckworth, Justice.

1. The petition in the instant case sought cancellation and rescission, accounting, and injunction. A court of equity will not decree cancellation or annulment of a security deed procured by fraud, in the absence of an offer of restoration by the borrower before the filing of the suit, unless the tender or offer to restore be excused upon some equitable ground. Williams v. Fouché, 157 Ga. 227 (121 S. E. 217); Darnell v. Tate, 177 Ga. 279 (4) (170 S. E. 63).

2. In this case it is sought by the plaintiff to meet the foregoing requirement of law by alleging that she does not…