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I am not giving legal advice, just food for thought.
American Jurisprudence, Second Edition
Copyright © 2006 West Group
Kim Theresa Castelaz, J.D.
Cancellation of Instruments
I. In General
13 Am Jur 2d Cancellation of Instruments § 2
§ 2 Cancellation as equitable remedy
Judicial cancellation or rescission of an instrument is an equitable remedy,15 Indeed, in jurisdictions recognizing separate courts of law and equity, a law court could not require the surrender or cancellation of a note or restrain the negotiation of it.16
The maxim that one who seeks equity must do equity applies in cancellation suits,17 and is the basis for the requirement that a person seeking cancellation of an instrument must, as a condition to obtaining such relief, ordinarily restore the other party to the position which he or she occupied before the transaction in question.n18 § 32.
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United States never held any municipal sovereignty, jurisdiction, or right of soil in Alabama or any of the new states which were formed ... The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the cases in which it is expressly granted ...
[Pollard v. Hagan, 44 U.S. 212 (1845)]
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