Thompson v. Corrie

Bartol, O. J., delivered, the opinion of the Court-. ,0n the 12th day of June 1818, the appellant executed and delivered to the appellees, a deed conveying to her daughter Mrs. Elizabeth A. Corrie in fee simple, a lot of ground with the improvements thereon, situated on the east side of South Calhoun street, in the City of Baltimore, particularly described in the deed. The appellees entered into possession of the property, and have occupied it ever since. On the 23rd' day of October 1818, the appellant filed her bill of complaint, alleging in substance, “that the appellees proposed to her to enter into an agreement, of the following purport, that is to say, that your oratrix would suffer and permit her said daughter and her husband to reside in a house belonging to your oratrix in fee, situated on Calhoun street and known as No. 2 South Calhoun street, which was at the time furnished and occupied by your oratrix; for and during such time as might be mutually agreeable, without the payment of any money rent, to your oratrix, but that your oratrix should, in consideration thereof, board and lodge with her daughter and her husband in said house, during such time, her daughter and her husband in the meanwhile paying all taxes and other expenses of every kind on the property. That shortly afterwards the appellees, requested her to sign a paper in the presence of a witness, which they informed her, contained the contract and agreement hereinbefore set forth, and which they desired to have in writing. “ That having and placing implicit reliance and confidence in her daughter and her husband, and in view of your oratrix’s great age, which is sixty-eight j^ears, she signed the said paper without reading the same or having the same read to her, and supposing at the same time that the paper contained nothing but the contract hereinbefore set forth reduced to writing.

That she resided in the ¹⁹⁹ house with the appellees for a short time after signing the paper, then went on a visit to Ohio for a short time. That upon her return from said visit, on going to said house, she was, to her great surprise and astonishment, informed by the appellees, that the said house belonged absolutely to them. “That being thus put upon inquiry, she has just discovered that the appellees perpetrated a gross fraud upon her, and that the paper which she signed, and which, at the time, was represented to her as containing the agreement aforesaid, was in fact an absolute deed in fee to said Elizabeth of said property.” The bill further alleges that “ though the deed on its face, sets forth a moneyed consideration of one thousand dollars, the same is false and fraudulent, and that she did not in fact receive any consideration of any kind whatsoever therefor.” The prayers of the bill are “that a decree may he passed, declaring said deed fraudulent and void, that the appellees may he decreed to re-convey the property to her, and also to account for the use and occupation thereof, and for general relief.”