Nelson v. Chesapeake Construction Co.

The question here is whether the validity of a release under seal, pleaded in a suit at law on the liability alleged to have been released, can be attacked on the ground of deceit, misrepresentation, and fraud. The defendant pleading the release refers to the rule that a court of law could consider only an attack on the factum or the execution of a sealed instrument on the ground of fraud, while an attack on antecedent fraud, in the inducement, or in' deceit and misrepresentations, could be made only in equity. And the trial court held that the replication in which the question of validity…