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" Then it should be proved as much to the satisfaction of the Court as if it were admitted. The difficulty of this is so great, that there is no instance of its prevailing against a party insisting that there was no mistake. "
A Practical Treatise of the Law of Vendors and Purchasers of Estates - Page 125
by Edward Burtenshaw Sugden - 1822 - 106 lehte
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1815 - 600 lehte
...accident it was extended further ; but there is no such case in the books ; if admitted to be a mistake, the Court would not overturn the rule of equity by...satisfaction of the Court, as if it were admitted." In another part of his judgment Lord Thurlow says, " It is necessary to see the statement of the bill...
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1816 - 746 lehte
...occurred to the parties ? the danger of usury, and the danger of trusting to the honour of the party. proved as much to the satisfaction of the court, as if it were admitted." In another part of his judgment Lord Thurlow says, '• It is necessary to see the statement of the...
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A Practical Treatise [o]f the Law of Vendors & Purchasers of Estates

Edward Burtenshaw Sugden - 1818 - 862 lehte
...dismissed the bill, but without costs. Lord Eldon's decision precisely accords with Lord Thnrlow's opinion, which he rightly construed, For in Lord Irnham...question. Thus, in the case of the South Sea Company v. D'Oliff, (z], D'Oliff agreed not to carry goods under certain circumstances ; and if information was...
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Reports of Cases Argued and Determined in the High Court of Chancery: During ...

Great Britain. Court of Chancery, William Brown - 1819 - 600 lehte
...accident, k was extended further. — But there is no such case in the books. If admitted to be a mistake, the Court would not overturn the rule of equity by...instance of its prevailing against a party insisting that there was no mistake. It is said a mistake of the law is equal to a mistake in point of fact....
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Reports of Cases Argued and Determined in the High Court of ..., 1. köide

Great Britain. Court of Chancery, William Brown - 1819 - 512 lehte
...against the rule of equity, by varying the deed ; but it would be an equity CHILD. dehors the deed. (6) Then it should be proved as much to the satisfaction...instance of its prevailing against a party insisting that there was no mistake. It is said a mistake of the law is equal to a mistake in point of fact....
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Reports of Cases Argued and Determined in the General Court and ..., 6. köide

Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - 1825 - 614 lehte
...Tttitrlou; in Jrnfiam vs. Child, 1 Bro. Ch. Ca. 92, gaid, that the proof of a mistake should be established as much to the satisfaction of the court as if it were admitted, and that the </{/» f cully of doing this is so great, that there is no instance of its prevailing...
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Reports of Cases Argued and Determined in the Court of Exchequer in Equity ...

Great Britain. Court of Exchequer, Edward Younge - 1833 - 658 lehte
...Statute of Frauds. Lord Thurlow, in Lord Imham v. Child (6), says, " a mistake cannot be corrected unless proved as much to the satisfaction of the Court as...prevailing against a party insisting there was no mistake." In Lord Townshend v. Stangroom (c), before Lord Eldon, Lord I'A<IVH says, " You must be satisfied of...
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Reports of Cases Adjudged in the Court of Chancery of New-York ..., 2. köide

New York (State). Court of Chancery, William Johnson - 1837 - 548 lehte
...rule of equity, by varying the deed, but it would be an equity dehors the deed ; yet he adds, that it should be proved as much to the satisfaction of the Court as if it were admitted ; and the difficulty of this is so great, that there is no instance of its prevailing against a party...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 15. köide

Vermont. Supreme Court - 1844 - 820 lehte
...such as to leave no doubt of the mistake. I Lord Thurlow said, in Ingraham v. Childti, 1 Bro. 94, that it should be proved, as much to the satisfaction of the court as if it were admitted ; and in Shelburn v. Incliiquin, 1 Br. 338, that it must be proved by strong, irrefragible evidence...
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Reports of Cases in Chancery, Argued and Determined in the Rolls ..., 10. köide

Great Britain. Court of Chancery, Charles Beavan - 1849 - 668 lehte
...was incumbent on him to produce proof of the clearest possible description. Lord TAurlow thought that "it should be proved as much to the satisfaction of the Court as if it were admitted," and added, " the difficulty of this is so great, that there is no instance of its prevailing against...
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