The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1883-01-04
The Law Of Mistakes.

The source of almost every lawsuit is
to be found in mistakes These are of
two kinds: mistakes of fact, and mis-
takes of law. Experience has proved
that the ablest men sometimes make
blunders, and the law has decided that
a real mistake of fact in an important
part of contract will excuse the party
mistaken from performing his part of
the agreement.
For instance: man made contract
with one ice company and refused TO
deal with another. When the bill was
presented he found that the latter COM
pany had supplied his ice. He refused
TO pay the bill, and it was decided that
the mistake freed him from liability
A horse was sold by trader an paid
for ON the spot. While the trade was
going on the horse died The buyer
brought suit for the money paid, and it
was decided it should be paid back.
since both parties had made a mistake
alive when the trade was ended.
If farmer intending to sell hay sells
oats by mistake instead, he may refuse
to deliver the oats ON that ground It
sometimes happens that bill is paid by
mistake with counterfeit bank notes.
In such case the payment is void and
the receipt taken is worthless.
A mistake in the quality of the thing
bargained for is no ground for break
ing an agreement. Ii a man buys a
cheap thing, with the idea that it will
serve his purpose as well as more eX-
pensye article, he can not, because he
was mistaken, send it back and recover
the money paid.
A mistake of law is no ground for re-
fusing to carry out contract. This
rule is founded on the old maxim, " lg-
.norance of the law doth not excuse. I"
And every man is supposed TO know the
law of the land he lives in.
Suppose a debtor gives his note,
promis NC to pay sum of money with
lawful interest, thinking that the legal
rate is six per cent If ten per cent is
the legal rate, his ignorance OF the fact
viii not excuse him from paying the
ten per cent.
When well-known legal words are used
in a contract, with mistaken idea OF
their meaning, they are binding, in their
legal sense, upon the person using them.
If land is decided to man and to his
heirs, he receives the estate absolutely,
although both parties intended that he
should only have the estate during his
own life.
Some mistakes OF law put an end to
agreements on the ground that they are
rather mistakes of fact than of law. Ar
executor of a will paws money to a per
son whom he thinks is an heir. If the
supposed heir lie an impostor, the money
Il .Iaw. Il
Gated will, person buys rights which
are his already, he may get back what
he paid for them.
Mistakes of law in civil cases only
cost money; but mistakes Of the crimi
nal law have more serious effects, in
the loss of responsibility and reputation.
Here the plea of ignorance of the law
will not be accepted. A criminal mus
suffer the penalty of his deed, ihougl
he thought il lawful when he commit
ted it.
Formerly an outlaw might be slain by
anybody; but if private person shoulf
now kill an outlaw. with the idea thai
he had right to do so, it would be pun
ishable as murder.
An old law book gives a curious in
stance of the plea of ignorance. Sill
John Johnstone, q Scotchmans wa,
tried for stealing and marrying onc
Mary Wharton, an heiress, ito Tho
great displeasure of Almighty God, tC
the great disparagement of the saiC
Mary, and to the utter sorrow and af
Fiction of her friends.n When he wa
found guilty and sentenced, he asked
with surprise, if it was hanging mat
ter He was told that il was. and b,
was sentenced and .executed on a glib
bet before his lady door in Great Queer
Street"
Happily the days OF harsh and crue
laws are past, and penalties are nov
imposed to reform the offenders rathe
than to avenge the offense. Youth
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