Hill v. Harris
Supreme Court of Georgia
Equity. Conclusiveness of Judgments. Before Judge Hopkins. Pulton county. Chambers, January, 1871. The bill of B. P. and John M. Hill, filed in Coweta county, made this case: In November, 1859, B. P. Hill bought of William Mitchell certain land, and gave him therefor bis promissory note for $5,450 00, due the 25th of December, 1860, with John M. Hill and one Dennis as his securities. The note was not paid at maturity.
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Equity. Conclusiveness of Judgments. Before Judge Hopkins. Pulton county. Chambers, January, 1871. The bill of B. P. and John M. Hill, filed in Coweta county, made this case: In November, 1859, B. P. Hill bought of William Mitchell certain land, and gave him therefor bis promissory note for $5,450 00, due the 25th of December, 1860, with John M. Hill and one Dennis as his securities. The note was not paid at maturity. B. P. and J. M. Hill went into the Confederate States army. On the 1st of February, 1863, J. M. Hill paid on said note $2,500 00, in Confederate currency, then much depreciated,…
1Opinion of the CourtMcCay, J.
We do not doubt but that, according to the statement of facts contained in this record, the plaintiff, in this common law judgment, has not a just right to so much of the same as is in excess of the value of the Confederate money advanced by him. But we are not clear that the complainant is'en titled to the benefit of the acknowledged fraud practiced 'by Harris and Dennis upon the estate of Mitchell. Harris has received, in the credit on his note, the advantage of the payment, as though in gold. If he, still holding to his credit, gets, now, off from Harris by paying only the value of…
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