Ford v. Hancock
Supreme Court of Arkansas
APPEAL from Drew Circuit Court'. Hon. T. F. Sorrells, Circuit Judge. The contract being void for usury no title passes to the property sold. 15 Mass., 359 ; 66 N. C., 47; 8 Foster (N. IT.), 101. • .Usury not a crime, and the doctrine of pari delicto has no application.
Read the full summary
APPEAL from Drew Circuit Court'. Hon. T. F. Sorrells, Circuit Judge. The contract being void for usury no title passes to the property sold. 15 Mass., 359 ; 66 N. C., 47; 8 Foster (N. IT.), 101. • .Usury not a crime, and the doctrine of pari delicto has no application. Tyler on Usury, 431; 5 Denio (N. T.), 236. Held not to apply to contract made on Sunday, 10 Ala., 566 ; 12 Mich., 378. Demand unnecessary where defendant was claiming and using the property as his own. 17 Ark., 172 ; 24 ib ; 264.
1Opinion of the CourtHarrison, J.
This was an action of replevin by the appellant against the appellee, for two mules, six head of cattle, two thousand pounds of seed cotton and twenty-five bushels of corn, in which the detention only, was complained of, and which was commenced on the thirtieth of December, 1878.
The defendant gave bond, and retained the possession of the property.
He pleaded that he was the owner of the property, and that the only claim the plaintiff' had to it was undér two mortgages he had given him upon it, by which usurious interest was intended to be secured, and which were therefore void.
The plaintiff…
2Cases cited3 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Riley v. GreggWisconsin Supreme Court · 1863
- Draper v. TrescottNew York Supreme Court · 1859
3Cited by26 opinions
- Hare v. General Contract Purchase Corp.Supreme Court of Arkansas · 1952
- Carper v. Kanawha Banking & Trust Co.West Virginia Supreme Court · 1974
- Bradley v. HallSupreme Court of Arkansas · 1952
- Sloan v. Sears, Roebuck & Co.Supreme Court of Arkansas · 1957
- Wilcox v. MooreMichigan Supreme Court · 1958
21 more not listed; retrieve them via the Exa API.