 | Queensland. Supreme Court, James Harrison Byrne, R. S. Taylor - Law reports, digests, etc - 1893 - 346 pages
...jus is used in the sense of denoting a private right, that maxim has no application. Private right oi ownership is a matter of fact ; it may be the result...also of matter of law ; but if parties contract under я mutual mistake and misapprehension as to their relative and respective rights, the result is that... | |
 | Irving Browne - Evidence (Law) - 1893 - 608 pages
...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 result also of a matter of law ; but if parties contract under a mutual mistake and misapprehension as to their mutual... | |
 | India - Contracts - 1894 - 688 pages
...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...contract under a mutual mistake and misapprehension us to their relative and respective rights, the result is that the agreement is liable to be set aside... | |
 | Law - 1901 - 298 pages
...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 result of matter of law also; but if parties contract under a mutual mistake and misapprehension as to their... | |
 | Thomas Moffitt Stevens, Herbert Jacobs - Commercial law - 1903 - 536 pages
...the word jus is used in. the sense of denoting a private right, that maxim (s) has no application. Private right of ownership is a matter of fact ; it may be the result also of H) Hurldersfield Bank v. Lister, [1895] 2 Ch. 273. o) Bilbie v. Lumley, 1 East, 471. (p) LE 2 CP 22.... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1905 - 1164 pages
...title from James to Margaret, but it was in fact of no legal effect whatever: Stetson T. O'Sullivan, 8 Allen, 321. The mistake was mutual, and it was one...result is, that that agreement is liable to be set a?ide as having proceeded upon a common mistake": Lord Westbury, in Cooper v. Phibbs, LH 2 HL 149,... | |
 | India, Charles Collett - Equitable remedies - 1907 - 628 pages
...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...relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded upon a common mistake. Now that was the... | |
 | Law - 1908 - 554 pages
...ownership of the northerly lot." The court adopts the language of Lord Westbury already quoted that: "Private right of ownership is a matter of fact. It may be the result also of matter of law; but, Jf the parties contract under a mutual mistake and misapprehension as to their relative and respective... | |
 | William Williamson Kerr - Fraud - 1910 - 670 pages
...denoting a private right. Private right of ownership is a matter of fact ; it may also be the result of a matter of law, but if parties contract under a mutual...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... | |
 | George Spencer Bower - Fraud - 1911 - 568 pages
...there was a misrepresentation too, though an innocent one. Lord WESTBURY, at p. 170, says that " a private right of ownership is a matter of fact ; it may be the result also of matter of law." Sub-sect. (2). Ktale.wents, in a Separate- Form, of Inference of Law from given Facts. 42. In contrast... | |
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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 result also of matter of law, but if parties contract under a mutual mistake and misapprehension... 
