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MCLEAN V. CLAPP, 141 U. S. 429 (1891)

U.S. Supreme Court

McLean v. Clapp, 141 U.S. 429 (1891)

McLean v. Clapp

No. 31

Argued October 15-16, 1891

Decided November 2, 1891

141 U.S. 429


Grymes v. Sanders, 93 U. S. 55, affirmed and applied to the point that where a party desires to rescind a contract upon the ground of mistake or fraud, he must, upon discovery of the facts, at once announce his purpose and adhere to it, and that if he be silent and continue to treat the property as his own, he will be held to have waived the objection, and will be conclusively bound by the contract, as if the mistake or fraud had not occurred.

A holder of the legal title to real estate who has no equitable interest therein, cannot, by his act done without the knowledge or consent of the holder of the equitable title, who is in possession of and residing on the premises claiming title, rescind a completed settlement of a mortgage

Page 141 U. S. 430

debt on the premises so as to bind the holder of the equitable title and prevent him from setting up defenses which would otherwise be open to him.

In equity. Decree dismissing the bill. The plaintiffs appealed. The case is stated in the opinion.

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