...equity, is defined by the civil code of New York as follows : — " Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in, 1st, an unconscious ignorance or forgetfulness of...

...jointly interested with such Party." Section 5854 provides as follows: "Mistake of fact Is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in: "(1) An unconscious ignorance or forgetfulness of...

...attempted to explain, and are both accurate and comprehensive. " Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a...

...mistakes were the result of the negligence of the vendee, and sets out the facts, a finding by the court that " these mistakes were caused by the neglect of a legal duty on the part of the plaintiff," is a conclusion of law, and not a finding of fact, and in the absence of other findings,...

...alleged in the complaint of the purchaser, were occasioned by her own negligence, a finding by the court that " these mistakes were caused by the neglect of a legal duty on the part of the plaintiff," is not a finding of fact upon such allegations, but is a conclusion of law, and the...

...legal consequences of retaining such language in the deed. But a mistake of fact Is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting In an unconscious ignorance or forgetfulness of a fact,...

...Cooper, 119 Cal. 463.) 2. A "mistake of fact'' is defined in section 1577 of the Civil Code as one "not caused by the neglect of a legal duty on the part of the person making the mistake." The neglect of the legal duty of the owner of property to see that...

...MORTGAGE-FALSE REPRESENTATIONS—MISTAKE OF FACT— FINDINGS. 1. A mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake. 2. One who fails, through culpable inertness, to make inquiry when it...

...18 Misc. 256. 41 NY Supp. 512. A mistake of fact is concisely defined by Pomeroy as "a mistake not caused by the neglect of a legal duty on the part of a person making the mistake, and consisting in (1) an unconscious ignorance or forgetful204 205 ness...

...by the express terms of section 4983, Revised Codes, to-wit : ' ' Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake." There can scarcely be any question that failure to read carefully a...