Wright v. Shafter
Wright v. Shafter
Opinion of the Court
The plaintiffs claimed, and in the Court below obtained relief on the ground that a mistake occurred upon their part, in attempting to effect a redemption from the Sheriff’s sale on foreclosure of a mortgage. It is well settled that a complaint claiming relief on the ground of mistake must not only distinctly aver the fact of the mistake, but also set
Judgment and order denying new trial reversed, and cause remanded, with direction to sustain the demurrer to the complaint. Remittitur forthwith.
Reference
- Full Case Name
- JOHN WRIGHT and JOHN H. SAUNDERS v. JAMES McM. SHAFTER
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Relief nr Equity on the Gbound of Mistake. —A complaint in equity, claiming relief on the ground of mistake, must not only distinctly, aver the fact of the mistake, but also set forth the circumstances under which it occurred, in so far as those circumstances may be necessary to present a case within the rule of equity upon which relief is granted.