Booker v. Wingo

Citations

• 29 S.C. 116
• 7 S.E. 49
• 1888 S.C. LEXIS 118

Syllabus

<p>1. Findings of fact by a referee, concurred in by the Circuit Judge, approved, such findings not being manifestly against the weight of the evidence.</p> <p>2. In 1885, a married woman executed a deed of her separate estate and, as surety for her husband, a note for $500, upon the consideration of the grantee (and payee) assuming the payment of her husband’s debts and releasing her father from his liability as surety therefor, and upon the further consideration of money stolen from the grantee by the grantor’s husband and of the grantee’s promise to use his influence to have a prosecution against her husband for larceny stopped. Eighteen months afterwards she filed her complaint for the cancellation of this deed and note. Held, that the court would not grant her any relief as to the deed, but would perpetually enjoin suit against her on the note, as she had no power to make it.</p> <p>3. Although plaintiff could have made her defence to this note if sued at law, still equity may enjoin suit thereon.</p> <p>4. Costs in equity are within the discretion of the trial judge as a part of the relief granted, and his ruling will rarely be disturbed.</p> <p>Only result concurred in.</p>