| New Jersey. Court of Chancery - 1885 - 678 sider
...'jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result...is that that agreement is liable to be set aside as having proceeded upon a common mistake." To the same effect is the language of Lord Chelmsford, in... | |
| 1885 - 544 sider
...ownership is a matter of fact ; it may also be the result of a matter of law; but if parties contract uuder a mutual mistake and misapprehension as to their relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded on a common mistake.'' " Ignorance of a... | |
| 1872 - 384 sider
...in the sense of denoting private right, that maxim has no application. Private right of ownership is matter of fact. It may be the result, also, of matter...is that that agreement is liable to be set aside as having proceeded on a common mistake." Cooper v. Phibbi. 15 W. R. 10U3 ; 2 LR, HL Cas. 149. There is... | |
| India - 1878 - 710 sider
...'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result...is, that that agreement is liable to be set aside as having proceeded upon a common mistake. Now, that was the case with these parties — the respondents... | |
| Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1873 - 544 sider
...pleaded in excuse of crimes, — but did not hold in civil cases." " Private right of ownership is matter of fact ; it may be the result, also, of matter...is, that that agreement is liable to be set aside as having proceeded on a common mistake." Cooper v. Phibbs, 15 WE, 1053. " If a party, acting in ignorance... | |
| Nebraska. Supreme Court - 1873 - 546 sider
...pleaded in excuse of crimes, — but did not hold in civil cases." " Private right of ownership is matter of fact ; it may be the result, also, of matter...is, that that agreement is liable to be set aside as having proceeded on a common mistake." Cooper v. Phibbs, 15. W. It., 1053. " If a party, acting in... | |
| Freeman Oliver Haynes - 1874 - 570 sider
...is used in the ' sense of denoting a private right, that maxim has no application. ' Private right of ownership is a matter of fact ; it may be the result...' that that agreement is liable to be set aside as having proceeded upon a " common mistake." It is difficult, however, to reconcile this assertion with... | |
| Herbert Broom - 1874 - 880 sider
...Scott r. Littlcdalc, 8 E. & B. 815 (92 KCLR) ; Simmons c. Heseltine, 5 0. BNS 554, 565 (94 ECL R.). If parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the agreement thus made is liable to be set aside in equity as having proceeded upon a common mistake :... | |
| Nicholas St. John Green - 1879 - 838 sider
...cannot stand." And it was set aside. In the sense in which Lord Westbury says, that " private right of ownership is a matter of fact, it may be the result, also, of matter of law ; " in that sense the right of any particular person to vote is a matter of fact, although it may be... | |
| Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 sider
...'jius ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result...is, that that agreement is liable to be set aside as having proceeded upon a common mistake." Whatever the rule may be in other cases, it is clear that... | |
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