147 Ga. 318 | Ga. | 1917
(After stating the foregoing facts.) The plaintiff contends that had he known 1hat his wife possessed an interest of value in her father’s estate, he would not have executed the deed relinquishing his interest to his son; and therefore he insists that there was a mistake of fact material to the contract, on account of which a court of equity will afford relief to him. The defendant insists that there was no mistake of fact, but only the ignorance of a fact, and that a court of equity will not relieve on account of the latter. “Mistake relievable in equity is some unintentional act, or omission, or error, arising from ignorance, surprise, imposition, or misplaced confidence.” Civil Code (1910), § 4570. “Ignorance is distinguishable from error. Ignorance is want of knowledge; error is nonconformity or opposition of ideas to the truth. Considered as a motive of actions, ignorance differs but little from error. They are generally found together, and what is said of one is said of both.” Bouvier’s Law. Diet. “Ignorance of facts and. mistake of facts are not precisely equivalent expressions. Mistake of facts always supposes some error of opinion as to the real facts; but ignorance of facts may be without any error, but result in mere want of knowledge or opinion.” Story’s - Eq. Jur. (13th ed.) 158. “'Ignorance implies a total want of knowledge in reference to the subject-matter; mistake admits knowledge, but implies a wrong conclusion.” 4 Words & Phrases, 3387. While there is a technical difference between ignorance of fact and mistake of fact, the dividing line is exceedingly indistinct. The decision of this issue and justice to the parties should, therefore, rest upon a more secure basis.
There is no contention that there was any misplaced confidence, . misrepresentation, or other fraudulent act. It is not alleged that the mistake- was mutual, and the prayer is not for a cancellation
The case of Mitchell v. Mitchell, 40 Ga. 11, is cited as a ruling contrary to that made in the present case. The petition in that case alleged that the mistake was mutual, while the answer denied mutuality. The court held that the trial judge erred in refusing an interlocutory injunction. To construe this decision as holding that volunteers would be entitled to equitable relief to cancel a part of a deed would be in direct conflict with the statutes. “Equity will not interfere to relieve against accidents or mistakes of mere volunteers.” Civil Code (1910), § 4569. Nor will ig
Judgment affirmed.