Belton v. Apperson
Supreme Court of Virginia
In June 1868 Patrick Belton filed his bill in the Circuit court of Richmond, in which he states, that in April 1866 he received as. a loan the sum of $1000, from, as he believed at the time, one Parker Campbell, for which .he gave his negotiable note for $1300, payable one year after date, secured by a deed of trust; *which he exhibits with his bill.
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In June 1868 Patrick Belton filed his bill in the Circuit court of Richmond, in which he states, that in April 1866 he received as. a loan the sum of $1000, from, as he believed at the time, one Parker Campbell, for which .he gave his negotiable note for $1300, payable one year after date, secured by a deed of trust; *which he exhibits with his bill. When the said note became due, he paid $300, and executed a new note for $1300, payable one year after date, which was secured by another deed of trust; which he also exhibits. After the said note became due he refused to pay the same because of…
1Opinion of the CourtStaples, J.
The original bill in this case was filed to enjoin the sale of real estate under a deed of trust executed by complainant, upon the ground that the’ debt is tainted with usury. The only defendants are the trustee and one Parker Campbell, who negotiated the sale of the note secured by the deed. The bill, after stating the circumstances attending the execution of the note and the deed of trust, calls upon the defendants to answer on oath, and to disclose on oath the name of the person or persons who are the true owners of the note if the defendant Campbell is not the true owner.
The trustee…
2Cases cited3 opinions
- Brockenbrough's Ex'ors v. Spindle's Adm'rsSupreme Court of Virginia · 1866
- Parrill v. McKinleySupreme Court of Virginia · 1852
- McPherrin v. KingSupreme Court of Virginia · 1822
3Cited by16 opinions
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Hurt v. JonesSupreme Court of Virginia · 1881
- Hanby's Adm'r v. Henritze's Adm'rSupreme Court of Virginia · 1888
- Rees v. Emmons Coal Mining Co.West Virginia Supreme Court · 1921
- Glenn v. BrownSupreme Court of Virginia · 1901
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