Halm v. Wright

This action was brought by plaintiff in error to foreclose a mortgage given by defendants to secure payment of a note representing the balance of the purchase price of the mortgaged land. The answer admits the execution and delivery of the note and mortgage, but defendants by cross bill asked for a rescission of the contract of purchase, a cancellation of the note and mortgage sued upon, and judgment for the amount already paid to the plaintiff on the purchase price. As ground for rescission defendants alleged that the purchase was induced by false and fraudulent representations in respect to…