Wheaton v. Wheaton
Supreme Court of Connecticut
Tins was a bill in chancery, stating the following case. Levi Wheaton, the plaintiff, is the son of James Wheaton, the defendant.
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Tins was a bill in chancery, stating the following case. Levi Wheaton, the plaintiff, is the son of James Wheaton, the defendant. In November, 1826, the defendant, being about eighty years of age, with a view to a final arrangement of his property, amounting in value to 10,000 dollars, proposed to the plaintiff to become the purchaser of a farm of the value of 4000 dollars, for which the plaintiff should execute to the defendant two notes of hand, one for the sum of 2000 dollars, payable on demand, with six per cent, interest, the other for the like sum of 2000 dollars, bearing interest at…
1Opinion of the CourtBisseel, J.
It is, unquestionably, the province of a court of chancery to relieve against fraud, accident and mistake ;— and in such cases, parol evidence is admitted, to show that the party is entitled to the relief sought. In this case, there is no pretence of fraud. The bill proceeds wholly on the ground of a mistake ; and the only question is, whether such a mistake is here alleged, as falls within the general principles, and calls for the interposition of a court of chancery.
The bill contains no averment of a mistake in any matter of fact. It is not alleged, that the writings were not so drawn, as…
2Cases cited2 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Lyon v. RichmondNew York Court of Chancery · 1816
3Cited by8 opinions
- Heirs of Clark v. EllisOregon Supreme Court · 1881
- Yoe v. McCordIllinois Supreme Court · 1874
- Estate of ToomesCalifornia Supreme Court · 1880
- In re the application for the probate of the will of BushNew York Surrogate's Court · 1889
- Delafield v. . ParishNew York Court of Appeals · 1862
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