The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1883-10-05
The Law Of Mistakes.

The source of almost every law suit is to
be found in mistakes of the law. Experience
has proved that the ablcst men sometimes
nuke blunders, and the law has decided that
real mistake i'll fact in an important part of
n contract will excuse the party mistaken
from performing his part of the agreement.
For instance, q man made n contract with
one ice company and refused to deal with
another. When the bill was presented he
found that the latter company 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 and paid for
on the spot. While the trade was going on
the horse died. The buyer brought suit for
money paid, and it was decided it should be
paid back, since both parties had made n
mistake of fact in supposing the horse TO be
alive when the trade was ended
lfa farmer intending to sell hay, sell oats
by mistake instead, he may refuse to deliver
the oats on that ground. 1t sometimes hap
pens that a bill is paid with counterfeit bank
notes In such case the payment is void
and the receipt is worthless.
mistake in thcquantity of the thing bar.
gained tor is no ground for breaking an
agreement. If a man buys u cheap thing,
with the idea that it will serve his purpose as
well as II more expensive article, he cannot,
because he was mistaken, send il back and
recover the money paid.
A mistake oflaw is no ground for refusing
to carry out Il contract. This rule is founded
on the old maxim: "Ignorancc of the law
doth not excuse" And every man is suppos-
ed to know the law of the land he lives in.
Suppose debtor gives his note, promising
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 will not excuse him from paying
the ten per cent.
When wcllknown legal words are used in
n contract, with mistaken idea of their
meaning, they are binding, in their legal
sense, upon the person using them.
If land is decided to Il man and to his heirs,
~ 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 agree
.ments on the ground that they are rather
mistakes of fact than of law An executor
pf n will pays money to Il person whom he
thinks is an Leir. Ifthc supposed heir be an
impOster, the money can be recovered. If,
Eunder II complicated will, person buys
rights which are hisalready, he may get back
what he paid for them.
Mistakes of law in civil cases only cost
money; but mistakes of the criminal law
have more serious effects, in the loss of re-
spectability and reputation. Here the plea
of ignorance of the law will not be accepted
A criminal must suffer the penalty of his
deed, though he thought it lawful when he
| committed it.
Formerly an outlaw might he slain by any
body; but if a person should now kill an out
law, with the idea that he had II right to do
so, it would be punishable as murder.
A old law book gives curious instance of
| the plea of Ignorance. Sir John Johnson, u
| Scotchman, was tried for stealing and marry
| ing one Mary Wharton, an heiress, ito the
great displeasure of Almighty God, to the
great disparagement of said Mary, and to the
utter sorrow and afiliction Of her friends y
| When he was found guilty and sentenced he
asked, with surprise, if it was II hanging mat
ter He was told that il was, and he was
sentenced and executed on gibbet before
his lady's door in Great Qucen street"