The Savannah morning news., 1900-06-17
SIGNED UNDER A MISTAKE.
Negro woman Charges f. 9. Van Gle
sen With Fraudulent Practices.

Leonora Henderson filed suit in the Su-
perior Court yesterday morning against
Frank S Van Giesen and his wife, Car
RE A Van Giesen. The petition alleges
fraud in the procurement of a deed to
certain property owned by the plaintiff.
and asks for an injunction against its
alienation and for other equitable relief.
The petition recites that by the death
of her husband, on Jan. Is, of the present
year the plaintiff became possessed Of
a tot of land on Church street, in Savan-
nah, as his sole heir. At She time she
was in poor circumstances, as far as
ready money was concerned, and was un-
able to pay the expenses attendant upon
the decent burial of her husbands body.
N this dilemma she resorted to Van
Giesen, who is a money lender, for the
purpose Of securing d loan of $40. She
offered to give the lot of which she had
become possessed by the death of her
husband as security for the loan and 1t
was her understanding that her offer had
proved acceptable. She was shown an in
strument in writing. which she said she
was told was a mortgage upon the lot of
land she owned, and to which she affixed
her mark. She was unable to read or to
write even her name, and was compelled
20 rely upon the assurance of the defend@
ans that the instrument was what he had
told her it was. She received from Van
Giesen the $40 she wished to borrow
A short time ago she went to aim for
the purpose of repaying the loan, but was
told that she owed him nothing. In some
consterna ton and surprise, for she knew
she had borrowed the money, she pressed
Mr. Van Giesen for an explanation, and
he then told her that she had sold the
property TO his wife for $40.
intended to sell the property for $40 or for
any other sum. 1t is worth fully 800, and
she certainly would not dispose of it for
any smaller amount She has Investigated
the matter through her attorneys and has
found that the instrument to which her
mark was affixed was d fee simple deed,
conveying the property to Carrie A. Van
Giesen.
1t is alleged that Van Giesen is insol-
vent and unable to respond in damages
for the fraud he is said to have commit
ted. For this reason the plaintiff asks fer
an injunction restraining Mrs. Van Giesen
from selling or incumbering the property,
and for such other and further equitable
relief as the nature of the case may re-
quire.
The plaintiff offers to do equity by re-
turning to the defendant the amount of
money she has borrowed, with interest
from the date of the loan. In return for
this she asks that the deed which she
executed under mistake be delivered up
and cancelled, as fraudulent and void in
its inception, and that she be restored to
the possession of the property.
Judge Falligant has granted a tenn
porary restraining order, prohibiting the
alienation or incumbrance of the property
until the fuTther order of the court, and a
rule nsi directing the defendants TO show
cause before him on June %. why the re-
straining order should not be made per-
manent. The plaintiff is represented by
Messrs. Beckett & Beckett.
Mr.. Van Giesen said last night that the
womans charges were entirely unfound-
ed. The woman, he said, came 10 him to
ing her dead husband. She wanted $50
for it, but finally, according to his story,
agreed to take $40. Il sent her." he said
Ito my attorneys, TO whom I sent the
money, $40, and telephoned instructions.
The deed was drawn up and after being
read to her was signed and the money
paid over. I read no paper to her and had
nothing to do with the transaction after
l had turned the matter over to my at
torueys.''
The property in dispute is in Kings
Vile and was sold to Walter Henderson
the husband of the plaintiff in 1871 by DR..
L. A. Falligant. The price paid was $50.
Van Giesen says the apparent discrepancy
between the price paid for it when 1t was
originally purchased, and that at which
he bought it, can be accounted for by the
fact that in the first case it was sold on
the instalment plan.