Martin v. Lindsay's adm'rs.
Supreme Court of Virginia
This was a bill in the county court of Orange, in chancery, exhibited by Martin against the administrators of Lindsay and Sale—setting forth, That on the 6th October 1818, he borrowed of Lindsay, in his lifetime, 320 dollars, upon usury at the rate of twelve per cent, per annum; and conveyed a tract of land to Sale, in trust to secure the payment to Lindsay of 358 dollars and 40 cents (being the sum borrowed with one year’s interest at twelve per cent.) on the 6th October…
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This was a bill in the county court of Orange, in chancery, exhibited by Martin against the administrators of Lindsay and Sale—setting forth, That on the 6th October 1818, he borrowed of Lindsay, in his lifetime, 320 dollars, upon usury at the rate of twelve per cent, per annum; and conveyed a tract of land to Sale, in trust to secure the payment to Lindsay of 358 dollars and 40 cents (being the sum borrowed with one year’s interest at twelve per cent.) on the 6th October 1819. That Lindsay being dead, his . . „ . , administrators had required the trustee, bale, to sell the land, under the…
1Opinion of the CourtCarr, J.
This case is exactly that of Marks and Morris, and brings under review the correctness of that decision. *501It is there decided, that the third section of our statute against usury, is limited to the case of bills of discovery, where, from defect of evidence, the plaintiff is compelled to resort to the conscience of the defendant; that the bill there, was not of that class, because it did not offer to return the principal, nor pray that the usurious notes, might be given up ; and so far from a defect of evidence, averred, that the plaintiff could prove the usury, by a witness whom ho names : and…
2Cases cited2 opinions
- Fanning v. DunhamNew York Court of Chancery · 1821
- Wilson v. RuckerCourt of Appeals of Virginia · 1799
3Cited by5 opinions
- Davis v. DemmingWest Virginia Supreme Court · 1877
- Stout v. PeopleNew York Supreme Court · 1858
- Bank of Washington v. ArthurSupreme Court of Virginia · 1846
- O'Neil v. ClevelandSupreme Court of New Jersey · 1878
- Spengler v. SnappSupreme Court of Virginia · 1834