Brockenbrough's Ex'ors v. Spindle's Adm'rs
Supreme Court of Virginia
This is the first case which has come to this court arising- under the 10th section of chapter 141 of the Code, p. 625, which is as follows: “Upon a bill requiring- no discovery of the defendant, but praying an injunction to prevent the sale of property conveyed to secure the re-payment of a sum of money or other thing, borrowed at usurious interest, the court shall cause an issue to be made and tried at its bar by a jury, whether or no the transaction be usurious; on the…
Read the full summary
This is the first case which has come to this court arising- under the 10th section of chapter 141 of the Code, p. 625, which is as follows: “Upon a bill requiring- no discovery of the defendant, but praying an injunction to prevent the sale of property conveyed to secure the re-payment of a sum of money or other thing, borrowed at usurious interest, the court shall cause an issue to be made and tried at its bar by a jury, whether or no the transaction be usurious; on the trial of such issue, neither the bill nor the answer shall be given in evidence. If the jury find the transaction…
1Opinion of the Court
MONCURE, J.,
after stating the pleadings and proceedings in the cause, proceeded as follows:
*Before I proceed to consider this case upon its merits, I will notice some questions raised and discussed in the argument, as to the proper construction and effect of the section under which this suit was instituted.
The first of these questions strikes at the whole foundation of the suit. It is whether such a bill can be filed after the death of the supposed usurious lender. It was argued that the usury laws were highly penal, involving the entire loss of the debt, both principal and interest; that it…
2Cases cited3 opinions
- West v. BelchesSupreme Court of Virginia · 1816
- Grymes v. PendletonCourt of Appeals of Virginia · 1797
- Greenhow's administratrix v. HarrisSupreme Court of Virginia · 1820
3Cited by29 opinions
- Carper v. Kanawha Banking & Trust Co.West Virginia Supreme Court · 1974
- Town of Danville v. PaceSupreme Court of Virginia · 1874
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Davis v. DemmingWest Virginia Supreme Court · 1877
- Bolling v. LersnerSupreme Court of Virginia · 1875
24 more not listed; retrieve them via the Exa API.