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1 Smith & H. 29

Shoup v. Cook

Indiana Supreme Court

Decided May 15, 1848

Indiana Supreme Court · decided 1848-05-15

The bond was for the penalty of 500 dollars, and was apon condition that Shoup should make a deed to Cook and Cochran, as soon as he himself should obtain a deed for said tract of land from “ the estate of James Polls, deceased.” The bill then alleged that at the time of the contract Shoup was entitled to a deed from the heirs of said James Potts, and that on proper application to the Circuit Court of Franklin county, he could readily have procured one, but that he had…

Decided 1848-05-15

Smith, J.

¶1— " We can perceive no ground for the interposition of a court of equity, to cancel a contract, for the reasons alleged in this bill. For the failure to make a deed, the parties themselves, had expressly provided a remedy which could have been enforced at law, and was in all respects as full and complete as any that could be afforded in equity. There appears, admitting all that is charged to be true, to have been simply a failure to comply with the conditions of the bond, which is. certainly, no ground of equitable jurisdiction for the cancellation of such an instrument.”

¶2Decree reversed, and cause remanded with directions to the Circuit Court to dismiss the bill.

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