Gatewood v. City Bank
Supreme Court of Georgia
Injunction. Mortgage. Usury. William A. Gatewood filed his bill against the City Bank of Macon, Benjamin F. Adams, and James L. Wilson, sheriff of Putnam county, making the following case: Adams was indebted to complainant in large sums of money, and complainant was also liable in divers other large amounts as indorser, security and guarantor for him.
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Injunction. Mortgage. Usury. William A. Gatewood filed his bill against the City Bank of Macon, Benjamin F. Adams, and James L. Wilson, sheriff of Putnam county, making the following case: Adams was indebted to complainant in large sums of money, and complainant was also liable in divers other large amounts as indorser, security and guarantor for him. In order to secure the complainant in the amount of said indebtedness and to indemnify him from loss on said contingent liabilities, Adams, on March 3d, 1872, executed to him a mortgage upon certain personal property and real estate in the…
1Opinion of the Court
McCay, Judge.
The general rule that a judgment of a competent Court concludes the parties to it and their privies, on all questions pertaining to the merits of the action, is almost without qualification, and is of universal acceptation: See Phillip’s Evidence, volume 2, pages 4-10; and Cowen’s American Notes to Phillips, volume 4, page 1. Even equity will not interfere, except for fraud, accident, surprise, mistake, etc., and only then on proof of due diligence by the complainant. And Lord Eldon, in 14 "Vesey, 31, says in reference to this very question, of coming into equity for relief…
2Cases cited3 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Post v. DartNew York Court of Chancery · 1841
- Campbell v. JohnstonCourt of Appeals of Kentucky · 1836
3Cited by7 opinions
- Hawes v. GlovesSupreme Court of Georgia · 1906
- Bush v. Bank of ThomasvilleSupreme Court of Georgia · 1900
- Stone v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1899
- Clark v. Tennessee Chemical Co.Supreme Court of Georgia · 1928
- Nolan v. Southland Loan & Investment Co.Supreme Court of Georgia · 1933
2 more not listed; retrieve them via the Exa API.