Parker v. Riley
| Decision Date | 31 January 1857 |
| Docket Number | No. 90.,90. |
| Citation | 21 Ga. 427 |
| Parties | Wm. B. Parker, plaintiff in error. vs. Spencer Riley, defendant in error. |
| Court | Georgia Supreme Court |
In Equity, in Bibb Superior Court. Tried before Judge Allen, November Term, 1856.
Spencer Riley filed bis bill on the equity side of Bibb Superior Court, against William B. Parker, for injunction, relief and specific performance.
The bill alleges, in substance, that Riley was employed in the year 1842, by Parker, as agent to purchase grants from the State to reverted lots. That among others he obtained a grant for lot No. 137, in the nth district of Irwin county, now Lowndes, containing 490 acres. That subsequently Parker becoming dissatisfied about the title to this lot, insisted upon Riley's paying him the value of it and taking it, which Riley agreed to do, estimating the lot at $490.00. That Riley being at the same time indebted to Parker on other accounts, the sum of $410.00, gave his note for $900.00, and executed a mortgage on his house and lot in Vineville, to secure its payment; and left the titles to said lot in Irwin, in the hands of Parker. That Parker has foreclosed his mortgage and sold the Vineville premises, for $382.19, over and above the cost, and has also recovered a general judgment at law upon said note, which he is proceeding to enforce against other property of complainant; and refuses to carry out the agreement and to convey to Riley the lot of land in Irwin, or to give him credit on said judgment for its value.
The defendant filed his answer, admitting that Riley wasemployed by him to grant reverted lots in 1842, and that he secured a large number, and amongst the rest was No. 137, in Irwin county. That, some years afterwards, he discovered that Riley had been forging and manufacturing titles and papers to suit his own purposes and convenience, and that many of the grants which he had returned to him were forged—that he charged Riley with this crime and fraud, who, at last, confessed his guilt, and agreed to compensate defendant for the loss he might sustain on his forged and defective titles; and upon coming to an adjustment and settlement of this matter, Riley agreed to pay defendant the sum of $2,100.00, as follows: $1,200.00 in lands which he would turn over to defendant, and give his note for the balance. And thus the $900.00 note was given by Riley to defendant, and upon no other consideration. That in gathering up the titles and papers, at the close of this settlement, Riley got the grant to one of the lots which was turned over to defendant, lying in the county of Twiggs, and which he refused afterwards to surrender, but said he had sold it. The lot in Irwin was one which Riley admitted was a forgery, but afterwards, upon application and examination at the land office in Milledgeville, it turned out to be genuine, and defendant has since sold it for about $300.00; but...
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Matter of Cotton, Bankruptcy No. 89-51386.
...by all litigants concerned. "A compromise, when made full and complete, puts an end to the subject matter of controversy." Parker v. Riley, 21 Ga. 427 (1857), and see Kapiloff v. Askin Stores, Inc., 202 Ga. 292, 42 S.E.2d 724 2. An oral compromise, where denied by one of the parties, create......
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Bishop v. International Paper Co.
...to a compromise, to disregard it, if it was full and final between the parties, as to the subject-matter of controversy." Parker v. Riley, 21 Ga. 427, 430 (1857). The terms of the compromise and settlement agreement between the parties to the case at bar are set forth in the opinion in the ......
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Graves v. Cameron
...defendant. U.S. v. Chouteau, 102 U.S. 603, 26 L.Ed. 246; Parker v. Riley, 21 Ga. 427; Kohn v. Zimmerman, 34 Iowa, 544. It was held in Parker v. Riley, supra, that, where cause of action is compromised and settled, the remedy is on the contract of compromise, not on the original cause of act......
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Cross v. Cook, 56645
...by all litigants concerned. "A compromise, when made full and complete, puts an end to the subject matter of controversy." Parker v. Riley, 21 Ga. 427 (1857), and see Kapiloff v. Askin Stores, Inc., 202 Ga. 292, 42 S.E.2d 724 2. An oral compromise, where denied by one of the parties, create......