Booker v. Gregory
Court of Appeals of Kentucky
Error to the Washington Circuit. Chancery. Case 114. The object of the bill. Gregory’s answer and cross bill. Booker’s answer to Gregory’s cross bill. Litsey’s answer. Decree of the Circuit Court.
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Error to the Washington Circuit. Chancery. Case 114. The object of the bill. Gregory’s answer and cross bill. Booker’s answer to Gregory’s cross bill. Litsey’s answer. Decree of the Circuit Court. Where there was tween thTiender and borrower & a balance struck and a separate usury,taáuid paid Heíd tíiat'theTeceiver could not tatlon toTaiTis propriaüon' To" the'note0 for1 the principal while mained1 °due!— °™tcA^P®aso.) All payments may^ at^hTopQb°f regarded as payments of so much of the principal and intfmewhenmade6 until the prinoipal and interest is fully paid off. Ex,0r.(5RMmroe, 92.) when…
1Opinion of the Court
Judge Breck
delivered the opinion of the Court.
On the 20th July, 1841, Gregory executed a mortgage to Booker, Litsey &e., to secure the payment of about $2,500 to Booker, and of $1,173 58 to Litsey, and of a large amount due the other mortgagees.
In 1842, the mortgagees filed their bill for a foreclosure.
In July, 1843, Gregory filed his answer, making it a cross bill against all the mortgagees, alledging that the claims secured by the mortgage included a large amount of usury. That the claim of Litsey was all usury, and that he had paid him a large sum besides, for which he sought a decree.
Booke…
2Cases cited1 opinion
- Crutcher v. TrabueCourt of Appeals of Kentucky · 1837
3Cited by3 opinions
- Reger v. O'NealWest Virginia Supreme Court · 1889
- Ellis v. Brannin's ex'orsCourt of Appeals of Kentucky · 1863
- Trimble v. DellingCourt of Appeals of Kentucky · 1878