Tummons v. Hamilton
Supreme Court of Georgia
Interest and usury. Title. Deeds. Before Judge Un derwood. Eloyd Superior Court. March Term, 1879. Mrs. Tummons sued out a warrant to dispossess Hamilton of certain property occupied by him, on the allegation that he was a tenant holding over. He filed a counter-affidavit and issue was joined, the point at issne being whether Mrs. Tummons was the landlady of Hamilton or not.
Read the full summary
Interest and usury. Title. Deeds. Before Judge Un derwood. Eloyd Superior Court. March Term, 1879. Mrs. Tummons sued out a warrant to dispossess Hamilton of certain property occupied by him, on the allegation that he was a tenant holding over. He filed a counter-affidavit and issue was joined, the point at issne being whether Mrs. Tummons was the landlady of Hamilton or not. Plaintiff put in evidence, among other things, a deed from the defendant to her, dated September 10th, 1874, conveying the premises in dispute. Defendant contended that the deed did not convey title to plaintiff, because…
1Opinion of the Court
Jackson, Justice.
A motion was made for a new trial on various grounds, none of which seem to be material and tenable except the assignment of error in regard to the taint of usury in the deed from Hamilton to Mrs. Tummons. That deed was made on the 10th of September, 1874, pending the abolition of usury in this state, and the court charged that “ if the deed was made in consideration of the payment of a note in which there was usury, and the consideration of the the deed was tainted with usury, no tenancy can be predicated upon a title thus tainted with usury, the relation of landlord and…
2Cases cited4 opinions
- Broach v. BarfieldSupreme Court of Georgia · 1876
- Neil v. BunnSupreme Court of Georgia · 1877
- Ballard v. Peoples' BankSupreme Court of Georgia · 1878
- Cooper v. E. L. Braswell & SonSupreme Court of Georgia · 1877
3Cited by1 opinion
- Lindenberg v. First Federal Savings & Loan Ass'nDistrict Court, N.D. Georgia · 1981