Administrators of Ligon v. Rogers
Supreme Court of Georgia
In Equity, from Floyd Superior Court. Tried before Judge J. H. Lumpkin. August Term, 1852. In 1838, Marshall' Ligón brought his action against Job Rogers and Zachariah B. Hargroves, for the loss of a negro man, a team of horses, and a wagon, alleged to have been lost by the sinking of,, a ferry-boat, belonging to the defendants. Before trial in this suit,, the plaintiff died, and Robert Atkinson, his administrator, became a party.
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In Equity, from Floyd Superior Court. Tried before Judge J. H. Lumpkin. August Term, 1852. In 1838, Marshall' Ligón brought his action against Job Rogers and Zachariah B. Hargroves, for the loss of a negro man, a team of horses, and a wagon, alleged to have been lost by the sinking of,, a ferry-boat, belonging to the defendants. Before trial in this suit,, the plaintiff died, and Robert Atkinson, his administrator, became a party. Hargroves also died, and James M. Spulloek and Malinda Hargroves, his executors, were made parties in his stead. In 1840, a judgment for the plaintiff was rendered,…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The complainant filed his bill, to correct an alleged mistake in a written agreement, and also to enforce a specified execution of the agreement when corrected and reforméd. That a Court of Equity has jurisdiction to correct mistakes in written contracts, has been solemnly adjudicated by this Court in the case now before us. It is a jurisdiction however, which will always be cautiously exercised. W’hen the complainant asks the assistance of the Court, to correct an alleged mistake in a contract reduced to writing, by the insertion of any…
2Cases cited1 opinion
- Gillespie v. MoonNew York Court of Chancery · 1817
3Cited by21 opinions
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- Bank of Tupelo v. CollierSupreme Court of Georgia · 1941
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