Swint v. Carr
Supreme Court of Georgia
Interest and Usury. Deeds. Specific Performance. Before J udge Lumpkin. Hancock Superior Court. October Term, 1885. On March 5, 1883, Swint filed his bill against Carr, alleging that, on May 1, 1875, he had made a deed to the defendant to secure an indebtedness, and on July T, thereafter, the defendant executed a bond to re-convey title to the plaintiff upon the payment of such indebtedness; that in 1852v the parties had a settlement and agreed upon $182.50 as the amount…
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Interest and Usury. Deeds. Specific Performance. Before J udge Lumpkin. Hancock Superior Court. October Term, 1885. On March 5, 1883, Swint filed his bill against Carr, alleging that, on May 1, 1875, he had made a deed to the defendant to secure an indebtedness, and on July T, thereafter, the defendant executed a bond to re-convey title to the plaintiff upon the payment of such indebtedness; that in 1852v the parties had a settlement and agreed upon $182.50 as the amount still due, and a note for that amount, due on December 25 of that year, whs given; and' that the complainant had tendered…
1Opinion of the Court
Hall, Justice.
In order to dispose of this case finally and effectually, it will be necessary to consider only a single question made by the proofs and pleadings, viz., that the contract which the bill sought to have performed was the result of an illegal, fraudulent and unconscionable agreement, by which a larger debt due from complainant to defendant, and for the security of which the defendant held a defeasible deed from complainant to the premises in question, was reduced. There is no doubt as to the validity of the debt which complainant held against the defendant. There is no pretense…
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