Purvis v. Woodward
Mississippi Supreme Court
Prom the chancery court of Lafayette county. Hon. James C. Longstreet, Chancellor. Purvis, the appellant, was the complainant in the court below; Woodward, administrator, the appellee,, was defendant there. ' The object of the suit was to enjoin a sale of lands under a deed of trust, the claim being that the debt was usurious, and that the principal thereof had been paid.
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Prom the chancery court of Lafayette county. Hon. James C. Longstreet, Chancellor. Purvis, the appellant, was the complainant in the court below; Woodward, administrator, the appellee,, was defendant there. ' The object of the suit was to enjoin a sale of lands under a deed of trust, the claim being that the debt was usurious, and that the principal thereof had been paid. The debt was contracted November 21, 1877. The note given at that time was payable twelve months after its date.' It included, as if it were principal, eighteen per centum interest for one year, and stipulated for ten per…
1Opinion of the CourtWhiteieed, C. J.
The payment of the $110, November 29, 1878, was sworn by one witness to have been a cash payment, and this the chancellor manifestly accepted as true, finding that the note was usurious. The argument that it was not a cash payment, but was intended as a purgation of the usury, is without the slightest support in the evidence. If it had been a purgation, then the amount of the credit would have been only an amount equal to the amount of the usurious interest in excess of ten per centum. But it was much more, and this circumstance — • perfectly manifest from a mere calculation — furnishes the…
2Cases cited17 opinions
- American Freehold Land & Mortgage Co. v. JeffersonMississippi Supreme Court · 1892
- M'Alister v. JermanMississippi Supreme Court · 1856
- Burrows & Prettyman v. Cook & SargentSupreme Court of Iowa · 1864
- Chaffe v. WilsonMississippi Supreme Court · 1881
- Aust v. RosenbaumMississippi Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stewart v. Coleman & Co.Mississippi Supreme Court · 1919
- State v. MarshallMississippi Supreme Court · 1911
- Fant v. FantMississippi Supreme Court · 1935
- Hanna v. State Ex Rel. RiceMississippi Supreme Court · 1934
- Weston v. Estate of LawlerMississippi Supreme Court · 1981
7 more not listed; retrieve them via the Exa API.