Ham v. Hamilton

Decided June 15, 1859

Supreme Court of Georgia · decided 1859-06-15

Bill for discovery, relief and injunction. Decision by Judge Lamar, at chambers, 6th April, 1859. This bill was brought by Stephen K. Ham, against Benjamin B. Hamilton, of the county of Dooly. The bill charges, that some time in the month of December, 1856, Hamilton proposed to sell to Ham, a settlement of land in Dooly county, containing five hundred and thirty acres. There were three parcels of the land — two whole lots and a parí of another lot.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-15

How this case has been cited

Cited by 4 later decisions — most recently March 1995

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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— Stephens J.

¶1By the Court.

¶2delivering the opinion.

¶3If the complainant ever had any equity, it is clear he has settled himself out of it. He made a deliberate settlement of all the alleged fraud, with his eyes wide open. Parties may settle •frauds as well as any thing else, if they act with knowledge of the facts ; and such a settlement is as effectual when made by the parties, as when made by a Court. He is here asking the Court to act where he has already himself taken final action. There must be an end to litigation.

¶4Judgment affirmed.