exact letter, his part of such contract, and he is prevented, Skinner v. Dayton, 2 Johns. Ch., 526; De Forest v. Bates, 1529. Whenever relief would be granted as between the original parties to a contract in writing, the same relief may be granted as between those claiming under them,' except as against purchasers in good faith and without notice.2 SECTION 1530. When rescission may be adjudged. 1531. Rescission for mistake. 1532. Court may require party rescinding to do equity. 1534. Instrument incompletely executed. To whom relief may be granted. § 1530. The rescission of a contract may be adjudged When rewhenever, by any provision of law, it is: 1. Void, for causes not appearing in the instrument itself, and the instrument itself is presumptive evidence against the existence of such causes or obstructs the party in the exercise of some right; 2. Voidable, by the party seeking such relief; 3. When the subject of the contract has no existence;1 4. When, in the case of a transfer, or an agreement for a transfer or lien, there is a total failure of title;' 5. When the contract is in fraud of the rights of the person seeking the relief, though he was not a party thereto; or tends to violate private or public confidence, or to impair the public interests. Story Eq. Jur., §§ 143, 144. 'Id., § 141. scission may be adjudged. Rescission for mistake. Court may require party rescinding to do equity Cloud on title. Instrument incomplete. ly executed. §1531. Rescission cannot be adjudged for mere mistake, unless the parties can be restored to their position as if the contract had not been made,' nor for any mistake which was not mutual, unless it was the result of fraud." Skinner v. White, 17 Johns., 357. § 1532. On adjudging the rescission of a contract, except for usury', the court may require the party to whom such relief is granted to make any compensation to the other which justice may require. 'See § 781. § 1533. Any instrument in writing affecting property or personal rights, whether a contract or otherwise, which is void for causes which do not appear in the instrument, and when the instrument is presumptive evidence against the existence of such causes, may be adjudged void and ordered to be delivered up or canceled, on the application of the party injured thereby.' 1 Hamilton v. Cummings, 1 Johns. Ch., 520-524; Van Dorn v. Mayor, &c., 9 Paige, 388; Cox v. Clift, 2 N. Y., 123; Field v. Holbrook, 6 Duer, 597. § 1534. In case of the incomplete execution of an instrument, whether by the neglect to execute it of some of the parties who were intended to be bound thereby, or otherwise, those who have executed it may have it adjudged void and ordered to be canceled if upon its face it could bind them. Story Eq. Jur., § 169 a. Presumptive relief, what. CHAPTER III. PREVENTIVE RELIEF. SECTION 1535. Preventive relief, what. 1536. Injunction, when granted. 1537. Injunction, when not granted. 1535. Preventive relief is the interference of the law in civil matters, to prevent the doing of that which ought not to be done. It is granted by injunction provi sional or final. Dederick v. Hoysradt, 4 How. Pr., 350. when grant 1536. An injunction may be granted to prevent the Injunction, doing of anything inequitable and hurtful, whenever the ed. injury therefrom would be irreparable, or compensation in damages would for any reason be inadequate;' to avoid a multiplicity of actions by or against the plaintiff;' to prevent the doing of anything which would be a fraud upon,' or detrimental to,' the public or any class or body thereof; to restrain the wrongful acts of public officers and servants to the detriment of individuals, when the written proceedings on which such acts are founded are not void on their face, and to secure to the persons entitled thereto any statute privilege or franchise; to restrain nuisances; and to prevent the unlawful use of trade-marks. 'Nuisance is intended to be covered by this and the next. 2 To include all proceedings in the nature of the old bills Trade-marks, signs, &c., &c.; Hogg v. Kirby, 8 Ves., Acts of public officers and corporations concerning pub- 6 Heywood v. Buffalo, 14 N. Y., 534. • Croton Turnpike v. Ryder, 1 Johns. Ch., 611; Thompson when not 1537. No injunction can in any case be granted for the Injunction, purpose of protecting a right merely nominal;' nor against granted. persons not parties to the action; nor where the filing of a notice of action pending would be a sufficient protection;' nor to restrain the violation of any penal law, or of any ordinance of a municipal corporation, not amounting to a nuisance; nor to restrain the violation of any patent or copyright granted by the United States; nor to restrain the violation of any agreement of which, from the nature of the subject, specific performance would not be adjudged;" nor to protect any doubtful right,' except in urgent cases, where delay would be ruinous; nor to prevent the execution of any statute of this state, nor the exercise of any public office; nor in any case when the damage caused by such injunction would be greater than any damage which could occur from not granting it." 1 Wetmore v. Story, 3 Abb. Pr., 262. 2 Fellows v. Fellows, 4 Johns. Ch., 25; Chase v. Chase, 1 Waddell v. Brune, 4 Edw., 671; Osborn v. Taylor, 5 4 Mayor of Hudson v. Thorne, 7 Paige, 261; Brandreth Parsons v. Barnard, 7 Johns., 144. Eden on Inj., 224; Newbery v. James, 2 Meriv., 446; 7 Snowden v. Noah, Hopk., 347; Steamboat Co. v. Liv. Kerlin v. West, 3 Green (N. J.), 448. Gallatin v. Oriental Bank, 16 How. Pr., 253; Grey v. PART II. DEBTOR AND CREDITOR. TITLE I. General Principles. II. Instruments and Transfers in Fraud of Creditors. TITLE I. GENERAL PRINCIPLES. SECTION 1538. Who is a debtor. 1539. Who is a creditor. 1540. Contracts of debtor are valid. 1541. Payments in preference. 1542. Relative rights of different creditors. debtor. § 1538. A debtor within the meaning of this title is one Who is a who by reason of a judgment or a contract, express or implied, is or may become liable to pay money to another, whether such liability be certain or contingent. Elwood. Diefendorf, 5 Barb., 398. § 1539. A creditor is one in whose favor such obligation Who is a exists. Compare Thompson v. Van Vechten, 5 Abbotts' Pr., 458; § 1540. In the absence of fraud, any contract of a debtor is valid as against all his creditors, existing or subsequent, who have not acquired a lien on the property affected by such contract. Miller v. Lewis, 4 N. Y., 554; Candee v. Lord, 2 id., 269. creditor. Contracts are valid. of debtor § 1541. A debtor may pay or secure one creditor in pre- Payments ference to another. in prefer. ence. |