117 Ga. 120 | Ga. | 1903
Where those who can read won’t read, and sign to their hurt, the fault is their own, and the courts must leave them to bear the consequences of their negligence. To this necessary rule an exception is made, where the failure to read is the result of
The defendant, however, insists that all the circumstances show that the debt was her husband’s, and that the bill of sale was only colorable and given as apparent support to the mortgage on her real estate. We have found in our reports three cases dealing with a somewhat similar state of facts. In Klink v. Boland, 72 Ga. 485, it was alleged that the husband had purchased a barroom from IClink, and, he demanding security, the husband induced his wife to convey her land for that purpose. It appeared that the negotiations for the sale of the bar to the husband had fallen through, and the owner proposed to sell to the wife ; she being sick, the seller and the husband repaired to her room, where a security deed was read to her; she signed it, and the bond to reconvey was delivered to her by Klink. He testified that the bill of sale to the bar was handed to her at the same time. She and her husband both denied this. It was held that if Mrs. Boland signed the deed believing that she was doing so only as security, and if she had been so notified, and the existence of the bill' of sale was concealed from
Judgment a firmed.