Epes v. Williams' Adm'r

Citations

• 89 Va. 794
• 17 S.E. 235
• 1893 Va. LEXIS 106

Syllabus

<p>Bill op Review—Mutual mistake—In 1877 a compromise was made between the plaintiffs and the administrator of their guardian, and by consent a decree was entered in a suit pending between them for settlement of his accounts. Administrator was in possession of papers to which plaintiffs were not allowed access, and they were led to believe that the compromise would save long and unprofitable litigation. Plaintiffs ignorantly assigned valuable rights and property for inadequate consideration, and since discovered judgments for large amounts due the estate in adjoining counties, whereof both parties were unaware at time of compromise, and which did not enter therein.</p> <p>Held :</p> <p>That the decree complained of should be set aside on account of the mutual mistake. Wheeler v. Smith, 9 How. 55.</p>