Broach v. Kelly
Supreme Court of Georgia
Verdict. Interest and Usury. Evidence. Witness. Practice in Superior Court. Before Judge Lawson. Jones Superior Court. April Term, 1883. Kelly brought complaint for land against Broach, attaching as his abstract of title a deed from defendant to him, dated February 5,1873. The defendant pleaded that the deed was made to secure a usurious debt, and the title was void.
Read the full summary
Verdict. Interest and Usury. Evidence. Witness. Practice in Superior Court. Before Judge Lawson. Jones Superior Court. April Term, 1883. Kelly brought complaint for land against Broach, attaching as his abstract of title a deed from defendant to him, dated February 5,1873. The defendant pleaded that the deed was made to secure a usurious debt, and the title was void. The evidence was somewhat conflicting, but the respective positions of the parties may be briefly stated as follows : Defendant insisted as follows : He had bought some land and owed a balance of purchase money amounting to…
1Opinion of the Court
Jackson, Chief Justice.
‘Complaint for land was brought, by defendant in error against the plaintiff in error. The title of the plaintiff in ejectment was a deed from the defendant in ejectment, .and the defence was that the deed was given to secure a debt which was usurious. The jury found a verdict for the plaintiff, but gave the defendant six months time to pay the note before the judgment was executed. The defendant below made a motion for a new trial, which was overruled, and the judgment overruling that motion is the error assigned.
1. One ground of the motion is that the verdict is…
2Cases cited4 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Ocean Steamship Co. v. WilliamsSupreme Court of Georgia · 1883
- Shealy v. TooleSupreme Court of Georgia · 1876
- Mason & Dickinson v. CroomSupreme Court of Georgia · 1858
3Cited by9 opinions
- Norman v. McMillanSupreme Court of Georgia · 1921
- Maynard v. MarshallSupreme Court of Georgia · 1893
- Long v. GreshamSupreme Court of Georgia · 1918
- Widincamp v. WidincampSupreme Court of Georgia · 1911
- United States v. a Certain Tract or Parcel of LandDistrict Court, S.D. Georgia · 1942
4 more not listed; retrieve them via the Exa API.