O'Connor v. O'Connor

The court is of the opinion, on the testimony, that the release was executed under a mutual mistake as to its legal effect, and that it was not intended as an absolute release as between the complainant and respondent.

The court does not think that any fraud was intended or proved. As the bill charges actual fraud, under the strict rule of equity pleading it would have to be dismissed, though it contains other allegations' upon which relief may be granted. Mt. Vernon Bank v. Stone, 2 R. I. 129; Tillinghast v. Champlin, 4 R. I. 173.

Masterman v. Finnegan, 2 R. I. 316, was a suit to set aside a…