Templet v. Babbitt

O’NIELL, Chief Justice.

This is a suit to annul a sale of a tract of land, made by the plaintiff to the defendant. The plaintiff set up two alternative causes of action, the first cause being that the price, which was declared in the deed to be $600 paid in cash, was never paid, and the second cause of action being that the property was worth more than $2,000, and hence that if the price had been paid there would have been lesion beyond moiety. The husband of the vendee was made a party defendant on the ground that the property would belong to the matrimonial community if the sale should be…