Martin v. Hall
Supreme Court of Virginia
This was a hill filed in the Circuit court of Harrison county, by Sandford B. Hall and Josiah Chamberlin, to set aside a deed of trust executed by John Chamberlin conveying a tract of land to secure a debt alleged to be due to William Martin, on the ground that the debt was usurious. Hall and Josiah Chamberlin held a judgment against John Chamberlin upon which an execution had been issued and returned “no effects;” and they thereupon filed this bill.
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This was a hill filed in the Circuit court of Harrison county, by Sandford B. Hall and Josiah Chamberlin, to set aside a deed of trust executed by John Chamberlin conveying a tract of land to secure a debt alleged to be due to William Martin, on the ground that the debt was usurious. Hall and Josiah Chamberlin held a judgment against John Chamberlin upon which an execution had been issued and returned “no effects;” and they thereupon filed this bill. There was no doubt that the bond executed by John Chamberlin to Martin, and which the deed of trust was intended to secure, was usurious: That…
1Opinion of the CourtAllen, J.
It is one of the settled and most cherished principles of a court of equity that he who seeks equity must do equity. It will not relieve against a judgment obtained by the fraud of the creditor but on the terms of paying what is justly due. And so in cases of gross extortion and oppression, where security has been given for the payment of money for goods sold, when the security has been decreed to be surrendered, it has always been upon the terms of paying what was really due. The same course of decision has prevailed in cases arising under the statutes against usury. The Court of chancery in…
2Cases cited1 opinion
- Jackson's heirs v. Jackson's adm'rSupreme Court of Virginia · 1844
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