Hogan v. Bailey

BROWN, Justice.

This is a bill by a mortgagor in possession against the transferee of the mortgagee, filed pending a foreclosure under the power of sale, to cancel the mortgage on grounds that the execution of the mortgage was procured by fraud, and that the consideration for the execution of the mortgage had failed.

The bill avers that the complainant “is an aged, illiterate, colored woman, unable to read and write.” That she signed some kind of paper, or note, or other instrument, in the office of said mortgagee, but that she did not know said paper to be a mortgage, and that she understood…