Legal Opinion

Fenter v. Obaugh

Supreme Court of Arkansas

Decided January 15, 1856PublishedCited by 1 opinion

Appeal from Hot Bprmg Girouit Gourt. Hon. JoiiN C. MueRAy, Circuit Judge. No principle is. better settled by authority, than that where the signature of an unlettered man is obtained to a bond, by misreading, or misrepresentation as to its true character he may avoid it, by plea of fraud, or special non estfaotwn. If a man, that is illiterate, desire a bond read, that he is to seal, and it is not done, and he seal it, it is not a good deed.

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Appeal from Hot Bprmg Girouit Gourt. Hon. JoiiN C. MueRAy, Circuit Judge. No principle is. better settled by authority, than that where the signature of an unlettered man is obtained to a bond, by misreading, or misrepresentation as to its true character he may avoid it, by plea of fraud, or special non estfaotwn. If a man, that is illiterate, desire a bond read, that he is to seal, and it is not done, and he seal it, it is not a good deed. So, if the party to whom the deed is given, or a stranger shall read, or declare the contents of the deed falsely, or otherwise than, the truth is, the…

1Opinion of the CourtJustice Hanly

This was an action of debt, brought by the appellees against the appellants, and one Rippetoe, as sureties, for William Pond, in the Hot Spring Circuit Court, on the following bond:

“Enow all men by these presents, that we, William Pond, as principal, Samuel Flojel, Andy Fen ter, and P. B. Bippetoe, as securities, are held and firmly bound unto James B. Obaugh, and Matilda E., his wife, William Pond, jr., Willis Pond, Augustus B. Pond, and Mary Ann Pond, in the sum of one thousand dollars, &c., &c. Signed and sealed, this 25th day of August, 1856.

Conditioned, that whereas, the Hon. John J.…

2Cited by1 opinion

  1. Goodin v. Farmers Tractor & Equipment CompanySupreme Court of Arkansas · 1970

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