 ... 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 right of ownership is a matter of fact ; it may be...  The American and English Encyclopedia of Law - Stran 638uredili: - 1891Celotni ogled - O knjigi
 | New Jersey. Court of Chancery - 1885 - 678 strani
...maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law ; but if parties contract under a mutual...aside as having proceeded upon a common mistake." To the same effect is the language of Lord Chelmsford, in Earl Beauchamp v. Winn, LR (6 HL) 223, 234,... | |
 | 1885 - 544 strani
...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 strani
...maxim has no application. Private right of ownership is matter of fact. It may be the result, also, of matter of law ; but if parties contract under a mutual...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 a class of cases... | |
 | India - 1878 - 710 strani
...maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law ; but if parties contract under a mutual...set aside as having proceeded upon a common mistake. Now, that was the case with these parties — the respondents believed themselves to be entitled to... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1873 - 544 strani
...hold in civil cases." " Private right of ownership is matter of fact ; it may be the result, also, of matter of law : but, if parties contract under a mutual...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 of a plain and... | |
 | Nebraska. Supreme Court - 1873 - 548 strani
...hold in civil cases." " Private right of ownership is matter of fact ; it may be the result, also, of matter of law : but, if parties contract under a mutual...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 ignorance of a plain... | |
 | Nicholas St. John Green - 1879 - 838 strani
...maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law ; but if parties contract under a mutual...set aside as having proceeded upon a common mistake. Now, that was the case with these parties — the respondents believed them selves to be entitled to... | |
 | Freeman Oliver Haynes - 1874 - 570 strani
...has no application. ' Private right of ownership is a matter of fact ; it may be the result also ' of matter of law ; but if parties contract under a mutual...aside as having proceeded upon a " common mistake." It is difficult, however, to reconcile this assertion with the passages in the Digest referred to at... | |
 | Herbert Broom - 1874 - 880 strani
...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 :... | |
 | Frederick Pollock - 1876 - 692 strani
...cont. emt. 16 pr. (c) L. R 2 HL 149. of ownership is a matter of fact ; it may be the result also of matter of law ; but if parties contract under a mutual...is that that agreement is liable to be set aside as 1 laving proceeded upon a common mistake. Now that was the case with these parties — the respondents... | |
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