Peacock v. Terry
Supreme Court of Georgia
In Equity, in DeKalb Superior Court., Tried before Judge Hill. This was a bill in Equity, filed by the defendant in error against the plaintiff in error, returnable to DeKalb Superior Court, alleging that in the year 1831, complainant was in need of money, and applied to the defendant, who loaned him, at different times, sums amounting in the aggregate to $502 46 cents, all at usurious interest; that complainant paid defendant, at different times, the aggregate sum of $459…
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In Equity, in DeKalb Superior Court., Tried before Judge Hill. This was a bill in Equity, filed by the defendant in error against the plaintiff in error, returnable to DeKalb Superior Court, alleging that in the year 1831, complainant was in need of money, and applied to the defendant, who loaned him, at different times, sums amounting in the aggregate to $502 46 cents, all at usurious interest; that complainant paid defendant, at different times, the aggregate sum of $459 63 cents; that he renewed his note yearly up to 1837, when he gave defendant his note for $807 65 cents, and to secure…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The evidence of the witness, Perkinson, was offered on the trial before the amendments were made. The question of its admissibility is, therefore, to be determined with reference to the case at that time made by the bill. It was proposed by the defendant below, to prove by the witness, Perkinson, the statements of the complainant, that the lands were sold, and bought *142by the defendant at Sheriff’s sale, in pursuance of an agreement made between the complainant and defendant prior to the sale, and as to what that agreement was. One of the main…
2Cited by28 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Watkins v. NugenSupreme Court of Georgia · 1903
- Fountain v. TidwellCourt of Appeals of Georgia · 1955
- Powers v. WrenSupreme Court of Georgia · 1944
- Molyneaux v. CollierSupreme Court of Georgia · 1853
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