Peace River Phosphate Mining Co. v. Thomas A. Green, Inc.

— Appellant filed suit to foreclose a mortgage against the appellee. The appellee filed answer and cross bill praying affirmative relief by way of rescission and cancellation.

Complainant in the court below interposed motion to strike the allegations of the answer and cross bill upon which claim for affirmative relief was based. After amendment to the answer and cross bill replication was filed. Testimony was taken before a Master; report was made, final decree was entered in favor of the defendant, granting cancellation and rescission of the contract and requiring the complainant to repay the…