Ware v. Bennett
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. James H. Bell. On the 18th day of August, 1842, John H. Bennett, of Galveston, executed a mortgage on lot number twelve in block numbered six hundred and eighty-one, and the improvements thereon, to secure the payment of his note to his brother Ezra B. Bennett of the city of Albany in the State of New York, for the sum of $1812 94, and interest thereon, on or before the first day of January next thereafter.
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Appeal from Galveston. Tried below before the Hon. James H. Bell. On the 18th day of August, 1842, John H. Bennett, of Galveston, executed a mortgage on lot number twelve in block numbered six hundred and eighty-one, and the improvements thereon, to secure the payment of his note to his brother Ezra B. Bennett of the city of Albany in the State of New York, for the sum of $1812 94, and interest thereon, on or before the first day of January next thereafter. Filed for record and recorded August 22,1842. On the 12th day of October, 1850, John H. Bennett executed a deed of trust to John L.…
1Opinion of the CourtWheeler, J.
That a payment of usurious interest was voluntary is no answer to the application of the debtor to have it set off, or appropriated to the reduction of the principal; nor is the Statute of Limitations an answer to such application, while any part of the principal remains unsatisfied. (Crutcher v. Trabue, 5 Dana, 80; Booker v. Gregory, 7 B. Monr. 440, 442.) It is treated as a payment upon that which the law recognizes as a subsisting debt; and the Statute of Limitations does not apply to payments. Whatever contracts were made for the payment of usury were void under the Statute, and the…
2Cases cited1 opinion
- Crutcher v. TrabueCourt of Appeals of Kentucky · 1837
3Cited by22 opinions
- Grabenheimer v. BlumTexas Supreme Court · 1885
- Bourland v. HuffhinesCourt of Appeals of Texas · 1922
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Farrar v. BeemanTexas Supreme Court · 1885
- Johnston v. Lasker Real Estate Ass'nCourt of Appeals of Texas · 1893
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