Bush v. Gaffney

BICKETT, Chief Justice.

This is an appeal by H. W. Bush and wife, Bonnie V. Bush, defendants below, from a judgment rendered against them in favor of Ellena G. Gaffney, plaintiff below, decreeing a rescission of a conveyance of land, awarding a money judgment, establishing a constructive trust, and directing the manner of enforcement of the rights so decreed and adjudged.

The suit was essentially one for rescission upon the ground of fraud, and not a tort action for the recovery of damages for fraud.

This case was previously before this court upon an application for a writ of mandamus. Gaffney…