Banker v. Hendricks

Citations

• 24 S.C. 1
• 1885 S.C. LEXIS 68

Syllabus

<p>1. A woman, 82 years of age, and very ill, not expected to survive a day, executed to a stranger a deed of conveyance of her entire real estate, wurth §2,500, for the alleged consideration of §2,000, but no money was paid or agreed to be paid, the grantee averring that the real consideration was that he should support the grantor and her husband (who was then over 70 years of age) for the remainder of their lives. Two weeks afterwards, upon the expressed consideration of such support, this old woman and her husband executed a bill of sale of all their personal property to this same grantee, who then executed a bond for §2,000, and a mortgage of the lands conveyed to him, to secure such support, and handed the mortgage to his attorney to be recorded, which was not done. In action by this old woman to set aside and cancel this deed and'bill of sale, held, that the plaintiff was imposed upon by defendant, while she was in an extremely feeble condition, mentally and physically; that the consideration was, under the circumstances, grossly inadequate ; and that both instruments must be cancelled. Mr. Chief Justice Simpson, dissenting.</p> <p>2. All the issues of law and fact having been referred to a referee, and no testimony introduced to sustain the allegation in the complaint of damages done to the property by defendant while in his possession, that question cannot be again raised in the cause.</p>