The answer in a suit for rescission or cancellation should not take issue upon immaterial points, but should cover all the equities of the case.122 The defendant may set up as many defenses as he may have, provided they are not inconsistent with each other.123 In an action to rescind a contract for the purchase of lands on the ground of defective title in the vendor, the answer of the latter should set forth his title,124 or if it is alleged that he made fraudulent

117. Richardson v. Green, 61 Fed. 423.

118. Fisher v. Boody, 1 Curt. 206, Fed. Cas. 4,814; Axtel v. Chase, 77. Ind. 74; Sears v. Smith, 2 Mich. 243; Haff v. Jennoy, 54 Mich. 511.

119. Jandorf v. Patterson, 90 Mich. 40; Milbourn v. Maatsch, 211 Mich. 544.

120. Merril v. Wilson, 66 Mich. 232.

121. Wright v. Dickinson, 67 Mich. 580; Place v. Brown, 37 Mich.

575.

122. Brown v. Pierce, 7 Wall. 205, 19 L. Ed. 134.

123. Crowder v. Searcy, 103 Mo. 97, 15 S. W. 346.

124. Topp v. White, 12 Heisk. (Tenn.) 165.

representations as to his ability to convey the title in fee simple, his answer should set forth his ability to comply with the representations.125 In an action to cancel a deed on the ground of fraud the defendant cannot plead the plaintiff's fraud to defeat a recovery,126 and a charge of misrepresentations made by the defendant is not answered by an allegation of misrepresentations on the part of the plaintiff.127 In a suit to cancel a deed on the ground of fraud of the grantee, a crossbill based on breach of the convenants of warranty and against encumbrances in the deed cannot be maintained.128 The defendant may counterclaim for sums which would be justly due him if the transaction in question were rescinded, as, for example, in the case of a sale or exchange of lands, for the rents of the property while in the other's possession, or for money spent in making repairs or improvements; but he must plead these matters specifically and allege all necessary facts and figures.129