Fairbanks v. Harvey
Supreme Court of Vermont
Appeal in Chancery. Windsor County. Heard at Chambers on September 5, 1909, on the pleadings and master’s report, Eall, Chancellor. Decree dismissing the bill with costs to the defendant. The orators appealed. The opinion sufficiently states the case. A court of equity will never permit one party to take advantage and enjoy the benefit of ignorance or mistake of law on the part of another, which he knew of and did not correct. Pom. Eq.
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Appeal in Chancery. Windsor County. Heard at Chambers on September 5, 1909, on the pleadings and master’s report, Eall, Chancellor. Decree dismissing the bill with costs to the defendant. The orators appealed. The opinion sufficiently states the case. A court of equity will never permit one party to take advantage and enjoy the benefit of ignorance or mistake of law on the part of another, which he knew of and did not correct. Pom. Eq. Jur. 847; Merchant’s Farmer’s Bank v. Cleland, 77 S. W. 176; Freeman v. Curtis, 51 Me. 140, 81 Am. Dec. 564; Champlin V. Laytin, 18 Wend. 407; Kilmer V. Smith,…
1Opinion of the CourtWatson, J.
It was claimed by the orators before the master and their evidence tended to show that during the negotiations which led up to the sale of the farm, the defendant was fully informed of the sale of the standing soft wood trees to Walker, and bought the farm knowing all the facts regarding the ownership of the trees thus sold. On the other hand, the defendant claimed and his evidence tended to show that he had no knowl*285edge of such sale; that he bought the farm principally on account of said standing trees, and supposed they were conveyed to him by his deed until long after he paid for the farm.…
2Cases cited4 opinions
- Wilcox v. LucasMassachusetts Supreme Judicial Court · 1876
- Taylor v. GilmanSupreme Court of Vermont · 1853
- Bowen v. ThrallSupreme Court of Vermont · 1856
- Fuller v. KnappSupreme Court of Vermont · 1909
3Cited by6 opinions
- Moore v. StricklingWest Virginia Supreme Court · 1899
- Fife v. CateSupreme Court of Vermont · 1912
- Powers v. Trustees of Caledonia County Grammar SchoolSupreme Court of Vermont · 1919
- Ward v. LymanSupreme Court of Vermont · 1937
- Fife v. CateSupreme Court of Vermont · 1910
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