Wright v. Shafter
JOHN WRIGHT and JOHN H. SAUNDERS v. JAMES McM. SHAFTER
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
The plaintiffs claimed, and in the Court below obtained relief on the ground that a mistake occurred upon their part, in attempting to effect a redemption from the Sheriff’s sale on foreclosure of a mortgage. It is well settled that a complaint claiming relief on the ground of mistake must not only distinctly aver the fact of the mistake, but also set *277forth the circumstances under which it occurred in so far as those circumstances may be necessary to present a case within the rule of equity upon which relief is granted. Tested by this rule, the complaint here is radically defective,- and the demurrer should have been sustained.
Judgment and order denying new trial reversed, and cause remanded, with direction to sustain the demurrer to the complaint. Remittitur forthwith.
Cited by
- Totten v. Underwriters at Lloyd's London Civ. 18419 · 1959-12-21
- McClure v. Cerati Civ. 7459 · 1948-06-08
- Weaver v. Ratcliffe Docket No. 461. · 1931-09-05
- Auerbach v. Healy L. A. No. 3868. · 1916-12-16