Hyde v. Nick
Supreme Court of Virginia
This was an appeal from a decree of the superiour court of chancery of Staunton. The bill was exhibited by Nick against Hyde, alleging,. That in June 1819, an execution having been sued out of the countv court of Rockbridge, by one Scott against Nick, on a forthcoming bond, and having been put in the hands of Hyde, a deputy sheriff of the county, and by him levied on Nick’s property, Hyde came to Nick’s house to make sale of the property to satisfy the execution ; the amount…
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This was an appeal from a decree of the superiour court of chancery of Staunton. The bill was exhibited by Nick against Hyde, alleging,. That in June 1819, an execution having been sued out of the countv court of Rockbridge, by one Scott against Nick, on a forthcoming bond, and having been put in the hands of Hyde, a deputy sheriff of the county, and by him levied on Nick’s property, Hyde came to Nick’s house to make sale of the property to satisfy the execution ; the amount then due thereon being 154 dollars. That Hyde was in the habit of shaving and speculating on the needy and distressed;…
1Opinion of the CourtBrockentirouoh, J.
I consider it a matter of very little consequence, in the present case, whether the original contract between the parties, is to be considered as a sale or a mortgage. If it be the former, it ought to be set aside on account of the gross inadequacy of price, accompanied with the extortion practised on a necessitous man, at the moment that the extortioner was about to proceed, as the officer of the law', to sell his property under an execution, on a forthcoming bond, from which there was no escape, for no security was to be taken. If it be a mortgage, then the debtor has unquestionably the…
2Cases cited3 opinions
- Chapman's Adm'x. v. TurnerCourt of Appeals of Virginia · 1798
- Roberts's Administrator v. CockeSupreme Court of Virginia · 1882
- Pennington v. HanbySupreme Court of Virginia · 1814