Truebody

For plaintiff it was argued that this was an original bill, in the nature of a bill of review. 1 Story’s Eq. Plead. § 455.

1st. If the decree be allowed to stand, then defendant, Wilson, gets the property without pretending that he paid any consideration for it. This is wrong in itself, and the claim inequitable and fraudulent. 6 How. S. C. R. 189.

2nd. We are entitled to a decree; for the answer does not set up that defendant is a bona fide purchaser for valuable consideration, without notice. 2 Peters, 209 . 211. 212. 213. 207.

3rd. This being a contract to convey, on the performance of conditions, and not a conveyance of the legal title, the doctrine of the vendor’s lien, has nothing to do with the case. It is in the nature of a mortgage to secure the purchase-money, 10 Peters, 209 . 2 Smedes & Marshall, 590; 4 Ib. 294.

We having the contract and the title to the estate, and the right to subject it to the payment of the purchase-money, every act done by the defendant tending to defeat the payment and destroy the title, is a fraud. Wilson was attorney for defendants throughout the controversy. He inquired of Dunbar into the situation of the title, before he took an…