Hale v. Grier

Citations

• 29 S.C.L. 22

Syllabus

<p>1. Defendant and bis co-obligor executed to tbe father of the plaintiffs, who were minors, three joint and several single bills, on one of which this action was brought. At the request of the father the bills were changed and made payable to plaintiffs. Defence — that they were given to secure the purchase money of a tract of fond sold by the father of plaintiffs to the obligors of the bills, or one of them; and that title to the land had not been conveyed to the vendee. On the same day the bills were executed, one of the obligors passed a receipt to plaintiffs’s father, .acknowledging a full compromise and settlement for himself and others. — A corresponding receipt was given by plaintiffs’s father, which was not produced, and some papers delivered up by him concerning the land. But whether the consideration of the specially sued on was a compromise of the right of the father in the land, or those of his children, was not clear from the testimony.</p> <p>2. The Court were of opinion that as it did not appear how far the obligors might have been benefited by the transaction, the contract not appearing to have been made upon any mistake of law, and the defendant being in possession without shewing any subsisting out-standing title that could be set up to his prejudice, the defence could not prevail.</p>