Southall v. Clark
Southall v. Clark
Opinion of the Court
The effect of the settlement, made between the complainant and the defendant, as the guardian of the complainant, is such as to dispense with the necessity of inquiring, whether such a case*is made out, as would otherwise entitle the complainant to relief.
More than - ten years had elapsed, from the date of that settlement before relief was sought; and, then, no peculiarity of circumstances is shown, why the complainant was so'slow in becoming correctly informed, as to his rights. No extraordinary exertions are alleged, to have been used by the former guardian, to continue the deception; nor does it appear, that the complainant was less qualified, and competent to transact his own business, than ordinary men. We do not say, that a case might not occur, (where mental imbecility, leaning, from habit, on the confidence reposed in a guardian, and trusting in him to such an extent, as to leave scarcely, the freedom of will, presenting such strong claims,) as to induce a court of chancery to disregard the lapse of time, that had intervened from the period, when the complainant’s rights accrued, or, from the date of a
This case presents none of those grounds: the complainant is not represented to be a weak confiding man; nor does he seem to have been under any undue influence, at the time he executed a receipt to the defendant. He had married and lived apart from his guardian, sometime before he arrived at the age of twenty-oné years. We have no reason to believe, that any undue means were resorted to, by the defendant, to keep up the delusion, if the complainant was under its influence, at the time of the settlement. The facts did not rest in the bosom of the defendant, nor were they confined to the knowledge, alone, of those under his influence;, but, were, most of them, matters of record, in Georgia — and, accessible at all times, to the complainant.
If the settlement made, was a fraud on the complainant; and the receipt given by him, procured by fraud, it was competent" for him to waive all advantages, and confirm the settlement, although it was originally effected by the fraudulent practices of the defendant; and this confirmation must necessarily be presumed, from so long an acquiescence, on the part of the complainant. There should be some period of time, to give stability and rest to transactions of this kind-; and courts of chancery havé generally assumed the period fixed by law, as a limitation of actions at law, to be the limit to investigations of this sort. There is as strong reason for imposing a limitation in chancery, as at law — there is the same
The case of Meredith and wife vs. Nichols and wife,
The decree must, therefore, be affirmed with costs.
1Mar.595.
Reference
- Full Case Name
- SOUTHALL versus CLARK
- Status
- Published