Sherley v. Trabue
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY APPEAL FROM BARREN CIRCUIT COURT. 1. It is not, and never was, the law in this State “ that usury paid upon a decree in equity can not be recovered back in equity, because decree will not be rendered against decree,” or for any other reason.
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Case 14 — PETITION ORDINARY APPEAL FROM BARREN CIRCUIT COURT. 1. It is not, and never was, the law in this State “ that usury paid upon a decree in equity can not be recovered back in equity, because decree will not be rendered against decree,” or for any other reason. As to the right to recover back usurious interest after payment thereof: Under the act of 1798: (2 M. & B. Stat., 852; Richardson v. Brown, 3 Bibb, 207; Morrison v. Helm, 4 Bibb, 460; Outen v. Graves, 7 J. J. M„ 630; Pearce v. Hedrick, 3 Litt., 109; Lamme v. Saunders, 1 Mon., 264; Lawless v. Blakey, 4 Mon., 488; Hodge v.…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
A judgment by default was rendered in equity upon a note containing usury, and which was secured by a mortgage upon land. The usury haying been paid, this action at law was brought within the statutory period to recover it back. The judgment in equity is relied upon as a bar. The General Statutes, chapter 60, provide : . ' .
Section 3. .“A court of equity may grant relief for any such excess of interest, and to that end compel the necessary discovery from the. lender or forbearer.
Section 4. “ Such excess of interest may be-recovered from the lender…
2Cases cited3 opinions
- Ross v. RossCourt of Appeals of Kentucky · 1860
- Chinn v. MitchellCourt of Appeals of Kentucky · 1859
- Pearce v. HedrickCourt of Appeals of Kentucky · 1823
3Cited by11 opinions
- Bean v. RumrillSupreme Court of Oklahoma · 1918
- Jefferson, Noyes & Brown v. Western National BankCourt of Appeals of Kentucky · 1911
- Long v. MooreCourt of Appeals of Texas · 1910
- Flint v. KimbroughNew Mexico Supreme Court · 1941
- Bishop's Administrator v. BishopCourt of Appeals of Kentucky · 1915
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