§ 23-2-74. Burden of Distinguishing Mingled Property
If a party who has charge of the property of others shall so confound it with his own that the line of distinction cannot be drawn, all the inconvenience shall be thrown upon him who causes the confusion; and he shall distinguish his own property or lose it. History. Orig. Code 1863, § 3064; Code […]
§ 23-2-50. Concurrent Jurisdiction Over Fraud
In all cases of fraud, except fraud in the execution of a will, equity has concurrent jurisdiction with the law. History. Orig. Code 1863, § 3103; Code 1868, § 3115; Code 1873, § 3172; Code 1882, § 3172; Civil Code 1895, § 4024; Civil Code 1910, § 4621; Code 1933, § 37-701. Cross references. For […]
§ 23-2-75. Offer to Pay Balance Unnecessary
A petition for an accounting need not offer to pay a balance if found against the complainant. History. Orig. Code 1863, § 3069; Code 1868, § 3081; Code 1873, § 3136; Code 1882, § 3136; Civil Code 1895, § 3995; Civil Code 1910, § 4592; Code 1933, § 37-307.
§ 23-2-20. Which Accidents Relievable in Equity
An accident relievable in equity is an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the contract was entered into, which gives an undue advantage to one of them over another in a court of law. History. […]
§ 23-2-21. What Mistakes Relievable in Equity; Power to Relieve to Be Exercised Cautiously
A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. Mistakes may be either of law or of fact. The power to relieve mistakes shall be exercised with caution; to justify it, the evidence shall be clear, unequivocal, and decisive as to the mistake. History. […]
§ 23-2-22. Mistake of Law in Instrument by Contracting Parties
An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when the mistake operates as a gross injustice to one and gives an unconscionable advantage to the other, may be relieved in equity. History. Orig. Code 1863, § 3055; Code 1868, § 3067; Code 1873, […]
§ 23-2-23. Mistake of Law in Instrument by Agent
A mistake of law by the draftsman or other agent, by which the contract, as executed, does not fulfill or violates the manifest intention of the parties to the agreement, may be relieved in equity. History. Orig. Code 1863, § 3056; Code 1868, § 3068; Code 1873, § 3123; Code 1882, § 3123; Civil Code […]
§ 23-2-24. When Mistake of Fact Relieved
In all cases of a mistake of fact material to the contract or other matter affected by it, if the complaining party applies within a reasonable time, equity will grant relief. History. Orig. Code 1863, § 3058; Code 1868, § 3070; Code 1873, § 3125; Code 1882, § 3125; Civil Code 1895, § 3983; Civil […]
§ 23-2-25. Form of Conveyance Contrary to Intent
If the form of conveyance is, by accident or mistake, contrary to the intention of the parties in their contract, equity shall interfere to make it conform thereto. History. Orig. Code 1863, § 3047; Code 1868, § 3059; Code 1873, § 3114; Code 1882, § 3114; Civil Code 1895, § 3970; Civil Code 1910, § […]
§ 23-2-26. Accident or Mistake in Execution of Power
Accident or mistake in the execution of a power or causing the defective execution of the power will be remedied in equity. History. Orig. Code 1863, § 3061; Code 1868, § 3073; Code 1873, § 3128; Code 1882, § 3128; Civil Code 1895, § 3986; Civil Code 1910, § 4583; Code 1933, § 37-218.