Railroad Company v. Soutter Et Al‪.‬

Messrs. G. B. Smith and M. H. Carpenter, for the appellant: Whether money paid under a mistake of law can or cannot be recovered back, it is certain that money paid under a mistake of fact, may be so recovered, and by suit in equity.3 Mistake is one of the original heads of chancery jurisdiction; it is one of the great trinity of subjects from which all equity jurisdiction flows. No chancellor would be anything without fraud, accident, and mistake.