Legal Opinion

Broach v. Barfield

Supreme Court of Georgia

Decided July 15, 1876PublishedCited by 21 opinions

Ejectment. Usury. Deed. Bankrupt. Homestead. Judgments. Pleadings. Tender. Debtor and creditor. Before Judge Bartlett. Jones Superior Court. April Term, 1876. Irena S. Barfield and Mary A. Turner brought ejectment to the October term, 1875, of Jones superior court, against Calvin Broach for certain land. The defendant pleaded, in substance, as follows: * 1st. The general issue., 2d.

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Ejectment. Usury. Deed. Bankrupt. Homestead. Judgments. Pleadings. Tender. Debtor and creditor. Before Judge Bartlett. Jones Superior Court. April Term, 1876. Irena S. Barfield and Mary A. Turner brought ejectment to the October term, 1875, of Jones superior court, against Calvin Broach for certain land. The defendant pleaded, in substance, as follows: * 1st. The general issue., 2d. The deed under which the plaintiffs claim .title was dated January 23d, 1874, and was executed by the defendant to secure the payment of two notes, bearing the same date, and to become due twelve months…

1Opinion of the Court

Bleckley, Judge.

1. Georgia, for a brief period, tolerated free trade in money. While the act of 1873 (pam., p. 52,) was in force, conventional interest was unlimited. Any rate for which the parties might stipulate was allowable. It is true, that to make the contract obligatory beyond seven per cent., the promise, as to the excess, had to be in writing; but there was no prohibition upon parol promises. They were not treated as tainted or corrupt, but simply as not obligatory. It was no more illegal to make them than to make a will without three witnesses, or to make a promissory note without…

2Cited by21 opinions

  1. Jay v. WhelchelSupreme Court of Georgia · 1887
  2. Dykes v. McVaySupreme Court of Georgia · 1880
  3. Pincus v. Meinhard & BrotherSupreme Court of Georgia · 1913
  4. Hines v. RutherfordSupreme Court of Georgia · 1881
  5. Raley v. RossSupreme Court of Georgia · 1877

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