Montgomery v. Scott
Supreme Court of South Carolina
Before CARPENTER, J., at Richland, February, 1877. This was an action by Eliza Montgomery against Edwin J. Scott & Son and Clifton J. Houston to set aside a bond and mortgage for one thousand dollars to the said Edwin J. Scott & Son, bearing date the 1st day of April, 1875. The mortgage was of a lot, with buildings thereon, in the city of Columbia, and was recorded 22d April, 1875. The complaint alleged that at the time the plaintiff executed the said instruments she was…
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Before CARPENTER, J., at Richland, February, 1877. This was an action by Eliza Montgomery against Edwin J. Scott & Son and Clifton J. Houston to set aside a bond and mortgage for one thousand dollars to the said Edwin J. Scott & Son, bearing date the 1st day of April, 1875. The mortgage was of a lot, with buildings thereon, in the city of Columbia, and was recorded 22d April, 1875. The complaint alleged that at the time the plaintiff executed the said instruments she was old, infirm and uneducated, not able to read or write, and, by reason thereof, was incapacitated from attending properly to…
1Opinion of the Court
The opinion of the Court was delivered by
McIver, A. J.
The object of this action is to have a bond and mortgage of real estate, which had been signed in due form by the plaintiff, in the presence of two subscribing witnesses, in favor of the defendants, Scott & Son, canceled, upon the ground that the plaintiff had been induced to sign the same by the false and fraudulent representations of the defendant Houston that the paper she was signing was only a recogpizance for his appearance at the *33Court of Sessions to answer to an indictment to be preferred against him, whereas, in fact, the bond was…
2Cases cited10 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Chapman v. . RoseNew York Court of Appeals · 1874
- Gibbs v. LinaburyMichigan Supreme Court · 1871
- Walker v. EbertWisconsin Supreme Court · 1871
- Taylor v. AtchisonIllinois Supreme Court · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kimbrell v. TaylorSupreme Court of South Carolina · 1926