Petty v. Hall

The right to rescind, which the grantor has in a conveyance subject to the terms of § 15, Title 20, Code of 1940, is a personal right, not a property right, and is not transferable until the grantor has elected to rescind during his lifetime and has taken proceedings in equity to annul the conveyance. But when he has done that in his lifetime, the right ceases to be personal and thereby becomes property. It has been held by this Court that when suc-h a grantor has a proceeding in equity to annul the conveyance and dies before there is a final decree in that cause, the right descends to his…