McMahon v. Miller

This is a bill in equity' for relief under R. L. c. 141, § 10. The presiding justice ruled on the facts found by him, that the plaintiff had not been guilty of culpable negligence, but ruled that there was a mutual mistake of law on the part of the plaintiff and the defendants, and that the plaintiff was not entitled to relief under R. L. c. 141, § 10, as interpreted by Powow River National Bank v. Abbott, 179 Mass. 336, and dismissed the bill with costs. The plaintiff appealed.

We think that the decree dismissing the bill was wrong, and that the plaintiff is entitled to the relief which he…