...as establishing the broad proposition — that where a transaction ought never to have taken place, the rights of the parties are, as far as possible,...stood if there had never been any such transaction. This observation of Lord Cottenham's was, however, made with reference to a particular objection taken...

...as the transaction ought never to have taken place the parties are to be placed, as far as possible, in the situation in which they would have stood if there had never been any such transaction.3 Besides, whenever the legal title is obtained by fraud, equity will not allow the fraudulent...

...the transaction ought never to have taken place, the parties are to be placed, as far as possible, in the situation in which they would have stood if there had never been any such transaction." Other writers upon equity jurisprudence deduce the right of the defendant to have restoration of his...

...as the transaction ought never to have taken place the parties are to be placed, as far as possible, in the situation in which they would have stood if there had never been any such transaction.* Besides, whenever the legal title is obtained by fraud, equity will not allow the fraudulent party...

...as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had never been any such transaction. ( Aetiett T. Macfarla**, M U. 8., 101. ) As soon as the party defrauded discovers tbe fraud lie must...

...the transaction ought never to have taken place, the parties are to be placed, as far as possible, in the situation in which they would have stood if there had never been any such transaction." Other writers upon equity jurisprudence deduced the right of the defendant to have restoration of his...

...as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had never been any such transaction. Bellamy v. Sabine, 2 Phil. 425 ; Samy v. King, 5 HL 627; WB of Scotland v. Addie, LR 1 Scotch App....

...personal representative, has no reference to a case of this kind, in which the Court proceeds upon the ground, that as the transaction ought never to...stood if there had never been any such transaction. In setting aside sales of this kind the Court considers the purchaser as in the situation of a mortgagee,...

...as the transaction ought never to have taken place, the parties are to be placed as far as fiossible In the situation in which they would have stood if there had never been any such transaction." Xeblett v. McFarlaud, supra. Woodburu, upon the discovery of the fraud, gave to the defendants herein...

...as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had never been any such transaction." Neblett v. Macfarland, 92 US 101, 103. And, while the perpetrator of the fraud has no standing to rescind,...