Garrett v. Thornton

Plaintiff filed her petition to enjoin the sale of certain described real estate which she had mortgaged to the defendant to secure a loan of $1000, on the grounds: (1) that this money was to be used in the payment of the debts of her husband, which fact was known to the lender; (2) that her husband procured her to sign the mortgage under duress, he threatening to leave her if she did not sign the same and pay his debts, and her note secured by the mortgage was procured through fraud and duress used on her by her husband; and (3) that she was never served with a copy of the rule nisi to…