Archer v. McCray
Supreme Court of Georgia
Equity. Specific performance. Usury. Contracts. Novation. Before Judge Pottle. Hancock Superior Court. . October Term, 1876. William D. Underwood having died after the writ of error issued in this case, his administrator, James McCray, was made a party in this court in his stead. For the facts, see the opinion.
1Opinion of the Court
Jackson, Judge.
This was a bill filed by Underwood against Archer, alleging that the complainant had purchased lands from one Ely, and borrowed $2,400.00 from Archer to complete the payment, the price being $3,500.00, and Underwood paying the balance himself. It was alleged that the deed was made by Ely to Archer so as to secure Underwood’s debt to him, and that Underwood went into possession and gave rent notes to Archer to cover up the usury charged for the loan of the $2,400.00; that Underwood paid what he could from year to year, and sold part of the lands to help pay Archer, and had fully…
2Cases cited2 opinions
- Candler v. CorraSupreme Court of Georgia · 1875
- Clark v. LyonSupreme Court of Georgia · 1872
3Cited by12 opinions
- Haskins v. Bank of the StateSupreme Court of Georgia · 1897
- Newcomb v. Niskey's Lake Inc.Supreme Court of Georgia · 1940
- Reconstruction Finance Corp. v. PuckettSupreme Court of Georgia · 1935
- McGee v. LongSupreme Court of Georgia · 1889
- Harrison v. ArrendaleCourt of Appeals of Georgia · 1966
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