Chandler v. Chandler

McKinstry, J.:

The plaintiff prays for a decree quieting his title to certain lands, and that defendant has no claim or title thereto. Defendant relies upon an instrument hereinafter recited, which was executed and delivered by plaintiff in consideration of two thousand dollars paid him by defendant. It is perfectly obvious that plaintiff cannot come into a Court of Equity and ask for a decree debarring defendant from asserting any claim under the instrument, without restoring the money.

But defendant has set forth the nature of his claim, and is entitled to have his rights adjudicated. The…