6 Minn. 273 | Minn. | 1861
By the Gomt —
— The general rule that an act done or contract made under a mistake, or ignorance oí a material fact, is relievable in equity, is peculiarly applicable to this case.
The Plaintiffs, having previously commenced an action for the recovery of money against George W. Lay, one of the Defendants in this action, had attached as security for the
The error in the description appears not to have been discovered. until after the Plaintiffs’ judgment had been entered
The Court found the facts substantially as above stated, and granted the relief prayed for, but without prejudice to sales made on other judgments, on the faith of the Plaintiffs’judgment being satisfied.
"We think that the Plaintiffs were entitled to the relief granted. They purchased the property under a mistake of a fact, which was material to their contract, and the main effic* ient cause of-their porch ate. They liad the first lien upon the property attached, and ought not to be deprived of it without payment, unless it becomes necessary for the protection of parties having equal or superior equities. To restore the Plaintiff's to their rights does not prejudice junior judgment creditors, for the liens of the latter were, from the first, subject to the Plaintiffs’ lien. They are not therefore considered merely in the light of creditors deprived by the judgment of the Court below, of any right, to which they had entitled themselves,' — -they are merely prevented taking advantage of a mistake for which perhaps the Sheriff alone is responsible; for as-it was the duty of the Sheriff to satisfy the judgment out of the property attached, the Plaintiffs might reasonably believe that he would not, in the first instance, attempt to sell any other. The decree simply restores the parties to the same condition in which they were prior to the sale, at the same time protecting all who have acquired rights by purchases made on the faith of the Plaintiffs’ judgment being satisfied of record. This, it appears to us, protects all who have shown themselves entitled tó protection ; and as to the others, as they are in the same condition that they would have been in had no sale taken place, they can lose nothing and ought not to expect that a Court,, in the exercise of its chancery powers, would inflict a loss upon the Plaintiffs for their especial benefit.
Judgment affirmed.