Davis v. Demming
West Virginia Supreme Court
Appeal from a decree of the circuit court of the county of Wood, rendered on the 10th day of July 1874, in a cause in chancery in said court then pending, wherein John W. Davis, committee of William H. Woodyard, was plaintiff, and Charles T. Demming, John S. Burdett and J. E. Sharp were defendants, allowed upon the petition of said plaintiff.
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Appeal from a decree of the circuit court of the county of Wood, rendered on the 10th day of July 1874, in a cause in chancery in said court then pending, wherein John W. Davis, committee of William H. Woodyard, was plaintiff, and Charles T. Demming, John S. Burdett and J. E. Sharp were defendants, allowed upon the petition of said plaintiff. Green, President, who delivered the opinion of the Court, prepared the following statement of the case:" On the first Monday in June 1869 William H. Wood-yard filed his bill in chancery against Charles T. Dem-ming, John S. Burdett and J. E. Sharp in the…
1Opinion of the Court
Green, President,
delivered the opinion of the Court :
This case requires us to construe the 7th and 10th sections of chapter 141 of the Code of Virginia of 1860. The 7th section: is: “Any borrower of money or other thing may exhibit a bill in equity against the lender, and compel him to discover, upon oath, the money or thing really lent, and all bargains, contracts or shifts relative to such loan, and the interest or consideration of the same; and if it appear that more than lawful interest was reserved, the lender shall recover only his principal money or other thing without interest, and…
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3Cited by40 opinions
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