National Mutual Building & Loan Ass'n v. Ashworth
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Washington county, pronounced April 23, 1895, in a suit in chancery wherein the appellee was the complainant and the appellant and another were the defendants. This was a suit in chancery instituted in the Circuit Court of Washington county by M. J. Ashworth against the National Mutual Building and Loan Association of New York and Wm.
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Appeal from a decree of the Circuit Court of Washington county, pronounced April 23, 1895, in a suit in chancery wherein the appellee was the complainant and the appellant and another were the defendants. This was a suit in chancery instituted in the Circuit Court of Washington county by M. J. Ashworth against the National Mutual Building and Loan Association of New York and Wm. F. Shea, trustee, praying that the defendants be enjoined from making sale of a house and lot of the complainant, on the grounds that the debt secured to the defendant company in the deed of trust, under which the…
1Opinion of the CourtBuchanan, J.
The appellee filed her bill in the Circuit Court of Washington county, praying for an injunction to restrain the appellant, W. F. Bhea, trustee, from selling a house and lot to *708satisfy a debt due from her to the National Mutual Building and Loan Association, the other appellant, and secured thereon by a deed of trust.
The grounds upon which she based her right to the injunction and to the other relief prayed for were:(1) That the debt secured by the deed of trust, was usurious and void, except as to the principal money loaned, and that she was entitled to a credit upon such principal of all…
2Cases cited3 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
- Concordia Savings and Aid Ass'n v. . ReadNew York Court of Appeals · 1883
3Cited by17 opinions
- Nickels v. People's Building, Loan & Saving Ass'nSupreme Court of Virginia · 1896
- West End Real Estate Co. v. ClaiborneSupreme Court of Virginia · 1900
- Floyd v. National Loan & Investment Co.West Virginia Supreme Court · 1901
- Poole v. PerkinsSupreme Court of Virginia · 1919
- McLaughlin v. GholsonSupreme Court of Virginia · 1970
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