Legal Opinion
Pierson v. Green
Supreme Court of South Carolina
Decided September 9, 1904PublishedCited by 4 opinions
Before Watts, J., Sumter, September, 1903. Foreclosure by Samuel M. Pierson against Frances Green and J. S. Corbett. From Circuit decree, plaintiff appeals. cites: D%iress should be pleaded: 7 Fncy., 347, 348, 349, 350, 351. What constitutes duress: 10 Ency., 331, 333, 333, 334. Demurrer is proper if no duress is alleged: 14 P. R., 564; 10 Fncy., 3 ed., 337.
1Opinion of the Court
The first opinion was delivered by
Mr. Justice Gary.
This is an action for the foreclosure of a mortgage. The answer of Frances Green, among other things, contains the following allegations:
“She further alleges that if the plaintiff has a bond and mortgage executed by her, as is alleged in the complaint, it was entered into by this defendant under duress, and if executed at all, was executed in consideration of compromising a criminal prosecution against her husband, W. Ad. Green, who was at the time of the execution in prison charged with obtaining goods under false pretenses from Ducker &…
2Cited by4 opinions
- Germofert Mfg. Co. v. CastlesSupreme Court of South Carolina · 1914
- Chilton v. City of ColumbiaSupreme Court of South Carolina · 1966
- Bankhead v. ShedSupreme Court of South Carolina · 1908
- Liberty Mutual Ins. Co. v. GilreathSupreme Court of South Carolina · 1939