CATCHING BARGAIN, contracts, fraud. An agreement made with an heir expectant, for the purchase of his expectancy, at an inadequate price.
2.
In such case, the heir is, in general, entitled to relief in equity,
and way have the contract rescinded upon terms of redemption. 1 Vern.
167; 2 Cox, 80; 2 Cli. Ca. 136; 2 Vern., 121; 2 Freem. 111; 2 Vent. 329;
2 Rep. in Ch. 396; 1 P.Wms. 312; 3 PWms. 290, 293, n.; 1Cro. C. C. 7; 2
Atk. 133; 2 Swanst. 147, and the cases cited in the note; 1 Fonb.140 1
Supp. to Ves. Jr. 66 Id. 361 1 Vern. 320, n. It has been said that all
persons dealing for a reversionary interest are subject to this rule,
but it may be doubted whether the course of decisions authorizes so
extensive a conclusion and whether, in order to constitute a title to
relief, the reversioner must not combine the character of heir. 2
Swanst. 148, n. Vide 1 Ch. Pr. 112, 113, n., 458, 826, 838, 839. A mere
hard bargain is not sufficient ground for relief.
3.
The French law is in unison with these principles. An agreement, which
has for its object the succession of aman yet alive, is generally
void.Merl. Rep. mots Succession Future. Vide also Dig. 14,6, and Lesion.
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