Poston v. . Bowen

Plaintiff and her husband could read and write. 'Whether Poston did in fact read the instrument before signing is not made to appear. Plaintiff says that she did not. There is no fact or circumstance tending to show that either was prevented from so doing. It is presumed they knew the contents and, in the absence of proof to the contrary, it must be assumed they signed the instrument they intended to sign.

While plaintiff alleges that a defeasance clause was omitted therefrom “due to mistake or inadvertence on the part of plaintiff and her husband and to the mistake, inadvertence, fraud or…