Legal Opinion

Allen v. Elder & Son

Supreme Court of Georgia

Decided July 1, 1886Published

1Opinion of the CourtHall, J.

1. A mistake which is relievable in equity is some unintentional act, omission 'or error arising from ignorance, surprise, imposition or misplaced confidence, and such a mistake may be either of law or of fact. The power to correct mistakes is exercised with caution, and to justify it the evidence must be clear, unequivocal and decisive as to the mistake. The relief will be granted as between the original parties and their privies in law, in fact or estate, excepe bona fide purchasers for value without notice. Code, §§3117, 3119, 3120.

2. While mere ignorance of law on the part of the…

2Cases cited2 opinions

  1. Clay v. BanksSupreme Court of Georgia · 1884
  2. Williams v. GreerSupreme Court of Georgia · 1853

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