Ewing v. Heathcott

In this case the seller of an old house, on a land contract, filed a bill of complaint for fore closure, to declare the total sum due under the acceleration clause, and to repossess the premises. The purchaser filed a cross bill seeking rescission of the contract on grounds of fraud.

At trial plaintiff proved her case as to the contract and the delinquency thereon. The defendant failed to prove fraud warranting rescission and on appeal abandons that defense. No appeal is taken as to either issue.

"What started out as an ordinary foreclosure proceedings, on appeal took a new twist. For defendant…