 | New Jersey. Court of Chancery - 1885 - 678 σελίδες
...'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 σελίδες
...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 σελίδες
...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 σελίδες
...'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 σελίδες
...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 - 548 σελίδες
...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 σελίδες
...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 σελίδες
...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 σελίδες
...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 σελίδες
...'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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Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private... 
