Morris v. Munroe
Supreme Court of Georgia
In Equity, from Lee Superior Court. Decision by Judge Allen, September Term, 1859. This case having before been up to this Court, a statement of the facts of it will be found, in substance, in the 28th Vol.
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In Equity, from Lee Superior Court. Decision by Judge Allen, September Term, 1859. This case having before been up to this Court, a statement of the facts of it will be found, in substance, in the 28th Vol. Supreme Court Rep., p. 597. This Court reversed the decision of the Court below, and on the return of the remittitur, counsel for complainant moved to amend the bill as follows : Your orator shows that he was induced to enter into said contract or agreement, upon the assurance being given him by the attorney-at-law of said defendants, as well as one Grier, a skillful lawyer, that the deed…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
This amendment does not add the slightest equity to the original bill. The very essence of the settlement was the compromise of the rights that depended on the Jaw point, and neither party ought to be allowed to set aside the settlement because he may have found out that the law point was in his favor, and that he made a bad trade in conceding anything on account of the uncertainty of it. The uncertainty of the legal question is the very foundation stone of that settlement. On any other supposition, one party must have conceded the land and the…
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