Thompson v. Boyce
Supreme Court of Georgia
Vendor and purchaser. Contracts. Pleadings. Fraud. Sales. Abatement. Rescission. Before Judge Bower. Decatur superior court. May term, 1889. James M. Boyce petitioned for the foreclosure of a mortgage given to him by Mrs. Thompson to secure the payment of certain notes. She pleaded as follows: As the sole heir of her mother, she owned a house and lot in Bainbridge.
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Vendor and purchaser. Contracts. Pleadings. Fraud. Sales. Abatement. Rescission. Before Judge Bower. Decatur superior court. May term, 1889. James M. Boyce petitioned for the foreclosure of a mortgage given to him by Mrs. Thompson to secure the payment of certain notes. She pleaded as follows: As the sole heir of her mother, she owned a house and lot in Bainbridge. Plaintiff sent his brother, John Boyce, as a decoy, who represented to and persuaded her that plaintiff owned a valuable plantation in Decatur county, and as he was very anxious to move to town, she could make an advantageous trade…
1Opinion of the Court
Blandford, Justice.
We think the court below erred in striking the plea offered by the plaintiff' in error to the foreclosure of the mortgage in this case. While the facts therein set up may not have authorized a cancellation of the contract between these parties and a setting aside of the same, yet we think they did, or probably would have authorized, as the jury may have found the facts to be, an abatement or defence to the notes which were sued in this *502ease by the defendant in error to foreclose the mortgage given as security for the same. We are of the opinion that the allegations in the…
2Cases cited5 opinions
- Stone v. MooreSupreme Court of Georgia · 1885
- Tindall v. HarkinsonSupreme Court of Georgia · 1856
- Allen v. GibsonSupreme Court of Georgia · 1875
- Collier v. HarknessSupreme Court of Georgia · 1858
- Fuller v. BuiceSupreme Court of Georgia · 1888
3Cited by23 opinions
- Martin v. HarwellSupreme Court of Georgia · 1902
- Emlen v. RoperSupreme Court of Georgia · 1910
- Fenley v. MoodySupreme Court of Georgia · 1898
- Johnson v. SherrerSupreme Court of Georgia · 1944
- Brannen v. BrannenSupreme Court of Georgia · 1911
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