Stedwell v. Anderson
Supreme Court of Connecticut
This was a bill in chancery, brought to correct a mistake in a conveyance of certain real estate. The material facts in the case, as found by a committee, are the following.
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This was a bill in chancery, brought to correct a mistake in a conveyance of certain real estate. The material facts in the case, as found by a committee, are the following. Susan Carhart, the wife of Hachaliah Carhart, Elizabeth Anderson, the wife of the defendant, Mary Sherwood, the wife of John C. Sherwood, and Sally Ann Stedwell, were sisters, and the owners in fee-simple, in equal proportions, as tenants in common, of a certain tract of land, situated in the town of Greenwich, containing about fifty-nine acres; and, being desirous of making a division of the same, on the 4th day of…
1Opinion of the CourtWaite, J.
The rule that money paid or property conveyed, under a mistake as to the law, cannot be recovered back, although often repeated, is one not of universal or unqualified application. Exceptions to it, as a general rule, have often been made, and have received the sanction of courts of justice; but the distinctions have not always been clearly defined, nor the reasons, in all cases, satisfactorily explained.
In a very recent case, we had occasion to enquire, under what circumstances, a party paying money through a mistake, as to his legal liability, might recover it back. Northrop v. Graves, 19…
2Cited by26 opinions
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- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Bottorff v. LewisSupreme Court of Iowa · 1903
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
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