Matthews v. Banks
Supreme Court of Georgia
Equitable petition. Before Judge Searcy. Fayette superior court. April 29, 1916. The plaintiff, as administrator of Samuel Westmoreland, filed a petition against K. B. Banks, of Fayette county, and Lee Hand, of Coweta county, alleging as follows: The plaintiff’s intestate, on October 20, 1909, borrowed $500 from Banks, and on the same date he executed to Banks a deed of conveyance to certain described lands lying in Fayette county, for the recited consideration of $500, and…
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Equitable petition. Before Judge Searcy. Fayette superior court. April 29, 1916. The plaintiff, as administrator of Samuel Westmoreland, filed a petition against K. B. Banks, of Fayette county, and Lee Hand, of Coweta county, alleging as follows: The plaintiff’s intestate, on October 20, 1909, borrowed $500 from Banks, and on the same date he executed to Banks a deed of conveyance to certain described lands lying in Fayette county, for the recited consideration of $500, and took from Banks on the same date a bond for title for the reconveyance of the lands upon the payment of $650, the same…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. Construing the language used by the' petitioner most strongly against him, he seeks to have canceled and set aside certain written instruments executed by his intestate to secure a debt a part of which was infected with usury. This relief a court of equity will not grant upon such petition, there being no offer to pay that part of the debt which was not usurious. The plaintiff can not keep the money which the defendant actually loaned, and have canceled the papers intended as evidence of and security for the debt, without repayment of the principal and…
2Cases cited1 opinion
- Beach v. LattnerSupreme Court of Georgia · 1897
3Cited by4 opinions
- Sharpe v. City of WaycrossSupreme Court of Georgia · 1937
- Polite v. WilliamsSupreme Court of Georgia · 1920
- Chapman v. McPhersonSupreme Court of Georgia · 1933
- Lanham v. State Bank of RomeCourt of Appeals for the Fifth Circuit · 1920