Davis v. . Cunningham
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Buncombe C'bimt'y, at a special term in July 1849, his Honor Judge Caldwell presiding. The following is the case, sent up by the Judge : This is a suit on the single bill of the defendant for one hundred dollars, executed in October 1316, and payable the 1st of November in the said year, to avoid which, he pleaded that it was executed on an usurious consideration.
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Appeal from the Superior Court of Law of Buncombe C'bimt'y, at a special term in July 1849, his Honor Judge Caldwell presiding. The following is the case, sent up by the Judge : This is a suit on the single bill of the defendant for one hundred dollars, executed in October 1316, and payable the 1st of November in the said year, to avoid which, he pleaded that it was executed on an usurious consideration. On the trial it appeared, that the defendant had contracted to purchase the land he lived on, in part at a sale made by the Clerk and Master of Buncombe County, and in part from one Murray;…
1Opinion of the CourtPearson, J.
If the land had ever belonged to the defendant and he had borrowed $1000 of the plaintiff’, and conveyed the land to him to secure its repayment, with an understanding that the defendant was to remain in possession, under a loase from year to year, at a rent of $100 per annum until he was able to repay the money, there would be no difficulty in dealing with this case in a Court of law, provided the jury were satisfied that it was a contrivance to cover an usurious lending. For the note now sued on would be void. The lease would also be void, and the title remain in the defendant, who would be…
2Cited by1 opinion
- King v. . MurraySupreme Court of North Carolina · 1845