Ballard v. Peoples' Bank
Supreme Court of Georgia
Deeds. Usury. Before Judge Lester. Campbell Superior Court. August Term, 1877. The bank brought complaint against Ballard for a lot of land, claiming under a deed from John W. Beck, executed on March 25th, 1873, with the consent of his wife. The defendant claimed under a subsequent deed from the same grantor, attacking the prior conveyance as void on account of usury.
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Deeds. Usury. Before Judge Lester. Campbell Superior Court. August Term, 1877. The bank brought complaint against Ballard for a lot of land, claiming under a deed from John W. Beck, executed on March 25th, 1873, with the consent of his wife. The defendant claimed under a subsequent deed from the same grantor, attacking the prior conveyance as void on account of usury. The evidence disclosed that Beck was indebted to the bank by a note made for a loan of money after the repeal of the usury laws, and to the president of the bank, and to a partnership of which said president was a member, by…
1Opinion of the Court
Bleckley, Justice.
By the act of February 19th, 1873, all laws on the subject of usury were repealed. It was after this repeal that the new note was given, and the deed was made to secure it. There was, therefore, no law in existence by virtue of which the deed could become infected. Where there is no law there can be no transgression. The deed was legally pure, no matter how tainted some of the original notes may have been. Under the special facts of the case, other views might be urged in support of the deed, but the view we have presented will suffice to vindicate the judgment granting a…
2Cited by2 opinions
- Reynolds v. NealSupreme Court of Georgia · 1893
- Tummons v. HamiltonSupreme Court of Georgia · 1879