67. Recovery of property transferred under a mistake at common law.

(7)     Recovery of Property Transferred under a Mistake

67.     Recovery of property transferred under a mistake at common law.

Where mistake has prevented property from passing at law1, the transferor remains legal owner, and has all the normal remedies for recovery of possession of the property concerned, whether realty2 or personalty3. The transferor may normally follow his property into the hands of a third party4, though in the case of money and negotiable instruments not against a purchaser for value5, and also subject to the effect of transactions abroad