McPherrin v. King
Supreme Court of Virginia
This was an appeal from the chancery court of Winchester. Thomas McPherrin and Catharine Gaither, presented a bill of injunction to the chancellor, setting forth the following case : that the complainant Thomas, borrowed a considerable sum of money from the Bank of Martins-burg and the Merchants’ Bank of Alexandria, with David Hunter and Moses Hunter as his endorsers: that he executed a deed of trust upon two tracts of land in Berkeley county, containing together two hundred…
Read the full summary
This was an appeal from the chancery court of Winchester. Thomas McPherrin and Catharine Gaither, presented a bill of injunction to the chancellor, setting forth the following case : that the complainant Thomas, borrowed a considerable sum of money from the Bank of Martins-burg and the Merchants’ Bank of Alexandria, with David Hunter and Moses Hunter as his endorsers: that he executed a deed of trust upon two tracts of land in Berkeley county, containing together two hundred and seventy acres, with a new saw mill thereon, and a site for a merchant mill partly improved, to secure his said…
1Opinion of the Court
April IT. The judges delivered their opinion seriatim.*
Judge Coalter :
The great question which has been agitated in this rase, is one which I shall not now consider at large, inasmuch as, with a bare and divided court, that question cannot be put to rest. My opinion, at present, however, is, that a party cannot come into a court of equity, for final relief as to the debt itself, on the ground of usury, and in that court claim a forfeiture of the money actually borrowed. Every case for relief in that court, must be tried on bill and answer ; that is to say, the plaintiff cannot claim a right…
2Cited by5 opinions
- Davis v. DemmingWest Virginia Supreme Court · 1877
- Belton v. AppersonSupreme Court of Virginia · 1875
- Belton v. AppersonSupreme Court of Virginia · 1875
- Spengler v. SnappSupreme Court of Virginia · 1834
- Turpin v. PovallSupreme Court of Virginia · 1837