Ham v. Hamilton
Supreme Court of Georgia
Bill for discovery, relief and injunction. Decision by Judge Lamar, at chambers, 6th April, 1859. This bill was brought by Stephen K. Ham, against Benjamin B. Hamilton, of the county of Dooly. The bill charges, that some time in the month of December, 1856, Hamilton proposed to sell to Ham, a settlement of land in Dooly county, containing five hundred and thirty acres. There were three parcels of the land — two whole lots and a parí of another lot.
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Bill for discovery, relief and injunction. Decision by Judge Lamar, at chambers, 6th April, 1859. This bill was brought by Stephen K. Ham, against Benjamin B. Hamilton, of the county of Dooly. The bill charges, that some time in the month of December, 1856, Hamilton proposed to sell to Ham, a settlement of land in Dooly county, containing five hundred and thirty acres. There were three parcels of the land — two whole lots and a parí of another lot. The price demanded for the land was twenty-six hundred and fifty dollars. Complainant was willing to give that sum for the land, provided the…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
If the complainant ever had any equity, it is clear he has settled himself out of it. He made a deliberate settlement of all the alleged fraud, with his eyes wide open. Parties may settle •frauds as well as any thing else, if they act with knowledge of the facts ; and such a settlement is as effectual when made by the parties, as when made by a Court. He is here asking the Court to act where he has already himself taken final action. There must be an end to litigation.
Judgment affirmed.
2Cited by5 opinions
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- Lister v. ScriverCourt of Appeals of Georgia · 1995
- Cary v. HarrisSupreme Court of Virginia · 1917
- Thompson v. Bank of ArlingtonCourt of Appeals of Georgia · 1932
- Fraser v. Citizens & Southern BankCourt of Appeals of Georgia · 1983