N contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Brown, Ch. 150. Anything which happens without the agen- Q cy or fault of the party affected by it, tend- ing to disturb and confuse the judgment, or to mislead him, and of which the opposite party takes an undue advantage, is in equity a surprise, and one species of fraud for which P relief is granted. Code Ga. 1SS2,

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