 | Sir Thomas Wardlaw Taylor - 1875 - 640 страници
...has been made or conveyance executed(6). 91. It has been laid down as unquestionable doctrine, that if a party, acting in ignorance of a plain and settled...is induced to give up a portion of his indisputable properly to another, under the name of a compromise, equity will relieve him from the effect of his... | |
 | Joseph Story - 1877 - 936 страници
...of law, is induced to give up a portion of his indisputable property to another, under the name of a compromise, a court of equity will relieve him from the effect of his mistake.1 But, where a doubtful question arises, such as a question respecting the true construction... | |
 | John Norton Pomeroy - 1882 - 844 страници
...construction and meaning of a will. Sir John Leach, VC, said: "If a party acting in ignorance of a plain aud settled principle of law, is induced to give up a...equity will relieve him from the effect of his mistake. But where a doubtful question arises, such as this question of construction upon the will of the testator,... | |
 | Sir Edward Fry - 1884 - 868 страници
...do in the other." The vice-chancellor, Sir John Leach, in Naylpr v. Wench, 1 Sim. & Stu., 555, says: "If a party, acting in ignorance of a plain and settled...will relieve him from the effect of his mistake." Although the case of Hunt v. Rousmauier. ultimately turned on another question, 1 Peters' USR, 13,... | |
 | 1885 - 216 страници
...law of the country and not to private rights ; and (2) That if a party acting in ignorance of a clear and settled principle of law is induced to give up...indisputable property to another, under the name of a compromise, a court of equity will relieve him from the effect of his mistake. Mistake of fact is... | |
 | 1886 - 848 страници
...do in the other. The vice-chancellor, Sir John Leach, in Naylor v. Wench* 1 Sim. & Stu. 555, says: " If a party acting in ignorance of a plain and settled...will relieve him from the effect of his mistake." Although the case of Hunt v. Rousmaniere ultimately turned on another question, 1 Pet. (TJ. S.) 13,... | |
 | 1886 - 848 страници
...we have seen it was held in England as unquestionable doctrine in cases of ordinary contracts, that if a party acting in ignorance of a plain and settled principle of law, is induced to give up a part of his indisputable property to another, a court of chancery will relieve him; yet in the case... | |
 | 1887 - 888 страници
...property thereby against right and equity, as well as against law, he will be compelled to restore it. "If a party acting in ignorance of a plain and settled principle of law," says the vice-chancellor, Sir John Leach, " is induced to give up a portion of his indisputable property... | |
 | William Albert Keener - 1888 - 1234 страници
...turning-point of the whole matter. The Vice-Chancellor, in the case of Naylor v. Winch,1 remarks, that " If a party, acting in ignorance of a plain and settled...to give up a portion of his indisputable property, under the name compromise, a court of equity will relieve." Here, our doctrine is quite distinctly... | |
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If a Party, acting in ignorance of a plain and settled principle of Law, is induced to give up a portion of his indisputable Property to another under the name of Compromise, a. Court of Equity will relieve him from the effect of his mistake. 
