Publisher's Synopsis
Excerpt from Reports of Cases Argued and Determined in the Supreme Court of Judicature, Vol. 4: And in the Court for the Trial of Impeachments and the Correction of Errors, in the State of New-York
I am aware that it is difficult to lay down any general rule on this subject, wholly free from objection. This is a difficulty which has been felt by the profoundest jurists in all ages. I think, however, that the rule of the common law, which obliges the grantor, when he believes he has a valid title, and acts with out fraud, to refund what he has received, with the interest, is as equitable as any that has ever been established; and that this is all which, upon principles of the most rigorous justice, ought to be exacted from him.
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