Gilbert Ex Rel. Smith v. West

We are of opinion that on the verdict at the trial of this action, the defendant is entitled to have the sum paid by him to the plaintiff as the consideration for her deed to him, to wit, $25.00, applied as a credit on the amount found by the jury as the rental value of the land described in the complaint for the years during which the defendant was in possession of said land, to wit: 1935 and 1936.

When a court, in the exercise of its equitable jurisdiction, cancels a contract or deed, it should seek to place the parties in statu quo, as nearly as this can be done, for while one party to the…