(a) Of the Purchaser.

1. Jurisdiction of Equity. Courts of equity have jurisdiction to grant relief by way of rescission or cancellation, aganist contracts or conveyances procured by false representations.56 This jurisdiction is said to be concurrent with that of the courts of law.57 If the remedy which the law affords, a recovery of damages, is adequate to the case, equity may properly refuse to interfere, but if the injury caused by allowing the contract to stand would be irreparable, if no proceeding at law would afford adequate relief, or if complete justice can be done only by rescinding the fraudulent transaction, then the jurisdiction of equity is clear and undoubted.58 Whenever a case of fraud is established, a court of equity may set aside all transactions founded on it, and may also treat acts as having been done which ought to have been done, and convert the party who has committed a fraud and profited by it into a trustee for the injured party.59 A court of equity can act only on the conscience of a party, and hence if a party has done nothing which taints his conscience, no demand can attach upon it so as to give jurisdiction.60

54. Jackson v. Armstrong, 50 Mich. 65.

55. Match v. Hunt, 38 Mich. 1.

56. Gilbert v. Haire, 43 Mich. 283.

57. Fred Macey Co. v. Macey, 143 Mich. 138; Culver v. Avery, 161 Mich. 322.

58. Summer v. Staton (N. C), 65 S. E. 902; Tibbins v. Burrell, 46 Pa.

Super. Ct. 466; Garr v. Alden, 139 Mich. 440; Webster v. Bailey, 31 Mich. 36; Alston v. Oregon Power Co. (Ore.), 76 Pac. 964.

59. Bennet v. Harper, 36 W. Va. 546, 15 S. E. 143.

60. Boone v. Cbiles, 10 Pet. 177, 9 L. Ed. 388; Hemmer v. United States, 204 Fed. 898.

To avoid multiplicity of suits,61 or to save the plaintiff from the expense of a double litigation and the hazard of a double recovery against him,62 or where he cannot obtain adequate relief without compelling a discovery,63 or an accounting is necessary to ascertain and adjust the relative rights of parties,64 or where fraud and want of consideration, relied upon as grounds for the cancellation of a deed, do not appear on the face of the deed, nor on any record on the validity of which the deed depends,65 are such special circumstances that give equity jurisdiction. Application for relief in equity is not granted as a matter of course, even when the jurisdiction of the court is undoubted, but must be addressed to the just and sound discretion of the court, to be exercised in conformity with established principles and precedents, but having a regard to the specific facts before the court, and in the exercise of discretion, the court has power to impose on the plaintiff, under penalty of having his bill dismissed, such terms as it may deem that justice requires.66

The mere fact that a person might have a remedy at law would not deprive him from coming into a court of chancery and having the agreed consideration, or the value of the premises, declared to be an equitable lien upon the lands.67