Edwards v. . Bowden
Supreme Court of North Carolina
This was a civil action, brought for the foreclosure of a mortgage deed executed by the defendant to the plaintiff on the feme defendant’s land, heard before Boykin, J., at Spring Term, 1890, of the Superior Court of Greene County.
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This was a civil action, brought for the foreclosure of a mortgage deed executed by the defendant to the plaintiff on the feme defendant’s land, heard before Boykin, J., at Spring Term, 1890, of the Superior Court of Greene County. The feme defendant, in her answer, alleged that she is a feme covert, and that she is the wife of the other defendant, R. E. Bowden; that her signature to said mortgage was obtained by fraud and collusion of the plaintiffs, and the threats and compulsion of her said husband; that her said husband, R. E. Bowden, told her that if she did not sign said mortgage deed…
1Opinion of the Court
Shepherd, J.:
“By duress, in its more extended sense, is meant that degree of severity, either threatened and impending, or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness.” 2 Green-leaf Ev., § 301.
Bacon, in his Abridgment, vol. 2, p. 156, referring to Lord Coke, says “that for menaces, in four instances, a man may avoid his own act. 1. For fear of loss of life. 2. Of loss of member. 3. Of mayhem. 4. Of imprisonment.” The threat of imprisonment “may be to the person of the party or of the party’s husband, wife, parent or child, through…
2Cases cited1 opinion
- Ware v. . NesbitSupreme Court of North Carolina · 1886
3Cited by8 opinions
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