Scott v. Williams
Supreme Court of Georgia
Equitable petition. Before Judge Pish. Dooly superior •■■court. May 16, 1896. A demurrer to the'petition of Scott 'as administrator of the • estate of J. A. Perry against Williams, was sustained, and plaintiff excepted. The petition alleged that up to and on February 23, 1893, Perry was the owner of a described lot ■ of land in Dooly county.
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Equitable petition. Before Judge Pish. Dooly superior •■■court. May 16, 1896. A demurrer to the'petition of Scott 'as administrator of the • estate of J. A. Perry against Williams, was sustained, and plaintiff excepted. The petition alleged that up to and on February 23, 1893, Perry was the owner of a described lot ■ of land in Dooly county. On said day, for the purpose of '.securing a debt, Perry made to E. B. Lewis what purported to he an absolute deed of conveyance to said land, but which was nothing more than a security for a debt. This deed expressed that the consideration therefor was…
1Opinion of the Court
Little, Justice.
1. The questions to be decided in this case arise on exceptions to- the judgment of the court below in sustaining a -demurrer to the declaration of the plaintiff, and involve the .application of certain principles in the law of usury. Our ■Civil Code, §2892, declares: “All titles to property made .as part of an usurious contract, or to evade the laws against usury, are void.” The record discloses that the title in question was made to- secure a debt infected with usury; and the plaintiff, invoking this provision of our law, insists on a literal application of its precepts,…
2Cases cited4 opinions
- Polhill v. BrownSupreme Court of Georgia · 1890
- Jaques v. StewartSupreme Court of Georgia · 1888
- Ryan v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895
- Zellner v. MobleySupreme Court of Georgia · 1890
3Cited by11 opinions
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Braswell v. Equitable Mortgage Co.Supreme Court of Georgia · 1900
- Long v. GreshamSupreme Court of Georgia · 1918
- Peoples Bank v. Fidelity Loan & Trust Co.Supreme Court of Georgia · 1923
- Stone v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1899
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