 | Simon Greenleaf, Simon Greenleaf Croswell - 1883 - 634 lehte
...Leuty v. Hillas, 2 De G. & J. 110 ; Bunce v. Agee, 47 Mo. 270. So it has been said that tin- mistake should be proved as much to the satisfaction of the court as if it were admitted by the other party (P'ord r. Joyce, 78 N.'Y. 618), or that tt .should be proved beyond a reasonable... | |
 | 1883 - 984 lehte
...Thurlow, in Irnham vs. Child, 1 Bro. Cha. Ca. 92, said, 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 difficulty of doing this is so great, that there is no instance of its prevailing against... | |
 | William Meecham Bythewood, George Sweet - 1884 - 956 lehte
...the Court would not overturn the rule of equity by varying the deed, but it would be an equity dchors the deed. Then it should be proved as much to the...instance of its prevailing against a party insisting that there was no mistake." See 3 Br. CC 169 ; 6 Ves. 332 ; Beaumont v. Bramley, Turn. & R. 41. In... | |
 | 1892 - 1170 lehte
...но clear and convincing as to leave no room for doubt." Ford v. Jovce, 78 N. Y. 018: "The mistake should be proved as much to the satisfaction of the court as if admitted." Newton v. Holley, 6 Wie. 564-578: "The mistake must be made out In a most clear and decisive... | |
 | 1886 - 856 lehte
...caution in cases of mistake. "This," says Lord Thurlow, in Irnham v. Child, 1 Bro. CC 93, " ought to be proved as much to the satisfaction of the court as if it were admitted." But he says in Shelburne v. Inchiquin, Id. 344, " It is impossible to refuse as incompetent parol evidence... | |
 | 1889 - 952 lehte
...in u written agreement, yot, to justify a reformation of the instrument on that ground, the mistake should be proved as much to the satisfaction of the court, as if admitted. Ford v. Joyce, 78 NY 618. A written contract, in the absence of fraud, can only be reformed... | |
 | Abraham Clark Freeman - 1893 - 1030 lehte
...be so clear and convincing as to leave no room for doubt." Ford v. Joyce, 78 NY 618: " The mistake should be proved as much to the satisfaction of the court as if admitted." Newton v. Holley, 6 Wis. (*592) 664-578: "The mistake must be made out in a most clear and... | |
 | 1894 - 1240 lehte
...in a written agreement, though to justify a reformation of the instrument ou that ground the mistake should be proved as much to the satisfaction of the court as if admitted." These, and the B-irtholemew Case, 34 Hun. 2(>3, and Smith v. Knapp. IS Wkly. Dig. 95. are... | |
 | 1899 - 1224 lehte
...452; Shattuck v. Gay, 45 Vt. 87. In Irnham v. Child, I Bro. CC 92, Lord Thurlow said that a mistake " should be proved as much to the satisfaction of the...instance of its prevailing against a party insisting that there was no mistake." But the whole weight of modern authority is against this doctrine, and... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1911 - 882 lehte
...THURLOW, in Irnham v. Child (1), says, " The difficulty of proving that there has been a mistake in a deed is so great, that there is no instance of its prevailing against a party insisting that there was no mistake." And Lord EI/DON, in Marquis of Townshend v. Slang room (2), after observing... | |
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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. 
