Morris v. Morris
Supreme Court of Georgia
Equity. Estoppel. Before Judge Kirby. Eloyd Superibr Court. July Adjourned Term, 1869.. The bill of Frances Morris made the following case: She is a widow seventy-seven years old, infirm and poor. William Morris, her husband, died in 1857, leaving an estate worth $30,000 00, and her and seven children as his heirs. His son, Samuel A. Morris, became his administrator, sold and disposed of his estate, but refused to pay to these heirs their distributive shares.
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Equity. Estoppel. Before Judge Kirby. Eloyd Superibr Court. July Adjourned Term, 1869.. The bill of Frances Morris made the following case: She is a widow seventy-seven years old, infirm and poor. William Morris, her husband, died in 1857, leaving an estate worth $30,000 00, and her and seven children as his heirs. His son, Samuel A. Morris, became his administrator, sold and disposed of his estate, but refused to pay to these heirs their distributive shares. She and the heirs sued1 him to compel such distribution; the war suspended the suit; the papers were lost and nothing was done in it…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below in this case, is in overruling the demurrer to the complainant’s bill. As a general rule, .Courts of Equity will not interfere to set aside a settlement of a fraudulent transaction of one of the parties, when the party defrauded had full knowledge of all the facts at the time of the settlement, and the parties making it occupied the same relative position to each other, as to capacity and condition, as was ruled by this Court in Ham v. Hamilton, 29th Georgia Reports, 40. But where it appears that there was great inequality between the…
2Cited by5 opinions
- Eagan v. ConwaySupreme Court of Georgia · 1902
- Armour v. LunsfordSupreme Court of Georgia · 1941
- Jackson v. JacksonSupreme Court of Georgia · 1947
- Harden v. WeaverSupreme Court of Georgia · 1937
- Armour v. LunsfordSupreme Court of Georgia · 1941