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Books Books 1 - 10 of 75 on But when the word jus is used in the sense of denoting a private right, that maxim....  
" 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... "
Massachusetts Reports - Page 317
by Massachusetts. Supreme Judicial Court - 1905
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Albany Law Journal, Volume 31

Law - 1885
...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...
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Criminal Law Reports: Being Reports of Cases Determined in the ..., Volume 2

Nicholas St. John Green - Criminal law - 1879
...the agreement 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...
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A Selection of Legal Maxims: Classified and Illustrated

Legal maxims - 1874 - 993 pages
...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 :...
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Principles of Contract at Law and in Equity: Being a Treatise on the General ...

Sir Frederick Pollock - Contracts - 1876 - 606 pages
...oblijjatio fuit : D. 18. 1. de cont. emt. 16 pr. (c) LR 2 HL 149. of ownership is a matter of fact ; jt may be the result also of matter of law; but if parties contract under a mutual mistake find misapprehension as to their relative and respective right"!, the result is that that agreement...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - Sales - 1877 - 906 pages
...maxim has no application. Private right of ownership is a matter of fact ; it may also be the result of matter of law ; but if parties contract under a...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...
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Principles of the English Law of Contract

Sir William Reynell Anson - Agency (Law). - 1879 - 358 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 ae to their relative and respective rights, the result is that that agreement is liable to be set aside...
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The Australian Law Times, Volume 23

Law reports, digests, etc - 1902
...Sinclair. Sir Robert Collier then goes on : " In Cooper v. Phibbs, LR 2 HL, 170, Lord Westbury says ' Private right of ownership is a matter of fact ; it may be also the result of matter of law ; but if parties contract under a mutual mistake as to their relative...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - Sales - 1881 - 980 pages
...maxim has no application. Private right of ownership is a matter of fact ; it may also be the result of matter of law ; but if parties contract under a...relative and respective rights, the result is that the agreement is liable to be set aside as having pro(m) Bilbie v. Lumley, 2 East, 471; 24 LJ Ex. 63...
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The Law Journal Reports, Volume 50, Part 3

Law reports, digests, etc - 1881
...his property nnder the influence of such a mistake." In Gooper v.Phipps (23) Lord Wcstbury says, " Private right of ownership is a matter of fact, it may be also the result of matter of law, but if parties contract under a mutual mistake as to their relative...
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A Treatise on the Law of Fraud and Mistake

William Williamson Kerr - Fraud - 1883 - 593 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...
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