51. Passing of property.

51.     Passing of property.

If property passes as a result of fraud, the innocent party has the option to rescind the transaction, and revest title in himself1. For chattels this was so both at law and in equity; in such a case, the legal title revests without the assistance of the court2, and the innocent party kept out of possession can thereafter maintain an action for unlawful interference with goods3. In the case of other property, such as money, rescission creates an equitable interest in favour of the innocent party, from which it follows that the latter