Legal Opinion

Wille v. Wille

Supreme Court of South Carolina

Decided April 16, 1900PublishedCited by 4 opinions

Before Klugh, J., Charleston, April, 1899. Action by Louisa Wille against Frederick C. Wille. The master’s report is as follows: “I find the following facts : The plaintiff is an aged, ignorant and illiterate woman, a German by birth and nationality. She can neither read nor write. In the year 1897 she owned the house on the south side of Line street, in the city of Charleston, described in the complaint in this action.

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Before Klugh, J., Charleston, April, 1899. Action by Louisa Wille against Frederick C. Wille. The master’s report is as follows: “I find the following facts : The plaintiff is an aged, ignorant and illiterate woman, a German by birth and nationality. She can neither read nor write. In the year 1897 she owned the house on the south side of Line street, in the city of Charleston, described in the complaint in this action. She had bought it herself with her own money and the purchase price was $2,000. Her husband is dead. - She has four daughters and one son, all adults; but at the time of the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an action by a mother to cancel a deed of conveyance to her son, on the ground of undue influence and mistake. ' The master, after making a detailed statement of specific facts, concluded “that no intentional fraud or imposition was practiced upon the plaintiff, but that she is an ignorant, infirm, illiterate woman, and was not at the date of this transaction capable of undersanding the meaning of what she was doing, and did not, in fact, understand it. That she performed the manual act of making her mark to the said deed with…

2Cases cited2 opinions

  1. Harding v. WheatonSupreme Court of the United States · 1826
  2. Allore v. JewellSupreme Court of the United States · 1877

3Cited by4 opinions

  1. Hodge v. SheaSupreme Court of South Carolina · 1969
  2. Owens v. SweatSupreme Court of South Carolina · 1955
  3. Lyon v. BargiolSupreme Court of South Carolina · 1948
  4. Hodge v. SheaSupreme Court of South Carolina · 1969

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