Norton v. Highleyman
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) In many cases where money is paid under a mistake of law it may be recovered back. “Mistake of. Legal Right,” 17 Cent. Law J. 22, and authorities cited. One exception to the general rule that money so paid cannot be recovered, is where the party seeking relief was misled as to the law of the transaction, by the false, statements of the other party. 18 Cent.
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Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) In many cases where money is paid under a mistake of law it may be recovered back. “Mistake of. Legal Right,” 17 Cent. Law J. 22, and authorities cited. One exception to the general rule that money so paid cannot be recovered, is where the party seeking relief was misled as to the law of the transaction, by the false, statements of the other party. 18 Cent. Law J. 7 ; Berry v. Whitney, 40 Mich. 65; Boles v. Hunt, 77 Ind. 355; Mason v. Peletier, 82 N. C. 40 ; Jenlcins v. German, 58 G-a. 125 ; Hardigrave v. Mitchmer, 51 Ala.…
1Opinion of the CourtNoiiton, J.
In September, 1866, one Jesse Fowler, was the owner of certain land described in the petition, . and mortgaged the same to Pettis county, to secure the, payment of a debt for §135.55, with ten per cent, inter-. est. Highleyman, one of the defendants, subsequently, on the fifteenth of June, 1874, acquired title to the land . subject to said mortgage. ' On the nineteenth of May, 1874, default having been made by Fowler in the payment of the debt secured by the mortgage, the county court ordered the sheriff to sell the premises to pay the debt, in pursuance of which the sheriff advertised the…
2Cases cited2 opinions
- Evans v. HalleckSupreme Court of Missouri · 1884
- Price v. EstillSupreme Court of Missouri · 1885
3Cited by26 opinions
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- Williamson v. BrownSupreme Court of Missouri · 1906
- State Ex Rel. State Highway Commission v. SchwabeSupreme Court of Missouri · 1960
- Corrigan v. TiernaySupreme Court of Missouri · 1889
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