Kesner v. Trigg
Supreme Court of the United States
Appeal from tbe Circuit Court of the United States for the Western District of Virginia. Philip Kesner, of Washington County, Virginia, an adjudicated bankrupt, surrendered real estate, viz.: — “One-half interest in 150T§W acres of land lying in Washington County, Virginia, near Cedarville, with improvements thereon. “ Life-estate in the other one-half of the above tract, $800. “The other half of this tract belongs to the petitioner’s wife.”
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Appeal from tbe Circuit Court of the United States for the Western District of Virginia. Philip Kesner, of Washington County, Virginia, an adjudicated bankrupt, surrendered real estate, viz.: — “One-half interest in 150T§W acres of land lying in Washington County, Virginia, near Cedarville, with improvements thereon. “ Life-estate in the other one-half of the above tract, $800. “The other half of this tract belongs to the petitioner’s wife.” Afterwards, on the 6th of August, 1873, by leave of the court he- filed an amended schedule, varying the description of his land, viz.: — “All the…
1Opinion of the CourtJustice Swayne
The bill, so far as it relates to the debt claimed to be owing to the estate of John C. Greenway, deceased, secured by the deed of trust to Bekem, cannot be sustained, for several reasons. It is silent as to the objection of usury. In Virginia, a party cannot avail himself of this defence, without averring and proving it; and in such case he is required by statute to pay the principal of the debt. Brown v. Toell’s Admir, 5 Rand. (Va.) 543; Harnsbarger v. Kinney, 6 Gratt. (Va.) 287.
It is asserted that the consideration of the note was a loan of Virginia and North Carolina bank-notes; that at…
2Cases cited2 opinions
- Olcott v. BynumSupreme Court of the United States · 1873
- Hamlin v. JonesWisconsin Supreme Court · 1866
3Cited by13 opinions
- Peters v. BainSupreme Court of the United States · 1890
- McBreen v. McBreenSupreme Court of Missouri · 1900
- Robinson v. OwensTennessee Supreme Court · 1899
- Welsh v. WelshWest Virginia Supreme Court · 1952
- Dunn v. Columbia Nat. BankSupreme Court of Pennsylvania · 1902
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