Standard Decisions On Questions in Law And Equity Relating to Banks, Banking And Commerce : Rendered in Higher Courts of the United States, Canada, England, Ireland And Scotland
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Young, 2 Colorado, 112. 497. Tajments.— Voluntari/. — A married woman own- ing land Joined with her husband in a mortgage which was assigned to a bank", in a scire facias on it the verdict was for her. She sold part of the land ; the purchaser paid the purchase-money to the bank in order to procure a release of the mortgage. Held, that she could not recover money from the bank. One who voluntarily pays money with knowledge or means of knowing of the facts, and without fraud on him, cannot recov...er it because he paid in ignorance of the law. Heal Estate Saving Inst. v. Linder, 74 Penn. St. 371. 498. Y&jtti^ni.— Option to pay in money or property. — ^Where the vendee of real estate contracts to pay the purchase-money in cash or by the delivery of cotton of a specified class at a designated place, as the pay- ments become due, at his option, the right of election is not lost by the failure to deliver the cotton at the time and place, where it is brought about by the con- duct of the vendor.
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