Whitaker v. . the Sikes Co.

The plaintiff, on her cross-examination, testified that she signed the paper that the justice of the peace presented to her, “freely and voluntarily, because she understood it to be upon the T. C. Irby land.” The real question presented an this case is whether the “private examination of the plaintiff was taken by the justice of the peace to mortgage involved in this action.” There is no allegation in the complaint, nor is there any evidence suggesting, that the defendants had any knowledge of, or was a party to, any fraud or misrepresentation committed or made by the justice of the peace.…