Horace Gray

“ Hays was acting under the influence of her husband is her testimony that she then told DeWolf 'that she wanted to wipe out the whole thing on account of her husband's ill health, and that she did it because it was a wife's duty; in other words, to do what he told her to do.' The terms of the settlement, as then agreed upon, and some days afterwards carried out, were that the mortgage note was delivered up to Mrs. Hays, two debts of hers of about $1,200 were paid by DeWolf, and Hays and wife executed the deed conveying the land to Haggin, and a deed of release of all claims against the DeWolfs. ”

“ These deeds were dated January 16, 1877; and annexed to each of them was a certificate of a notary public to its acknowledgment by Hays and wife, and that she, upon being examined apart from her husband, and made acquainted with its contents, acknowledged her execution, and did not wish to retract it. The plaintiff, in her present bill, filed in 1884, does not allege any fraud or undue influence in the original transaction in 1872, by which she purchased the property, and gave the note and mortgage for part of the price ”