Dickenson v. Bankers Loan & Investment Co.

Citations

• 93 Va. 498
• 25 S.E. 548
• 1896 Va. LEXIS 103

Syllabus

<p>1. Chancery Practice—Fraud—Sow Charged—Contradictory Statements in Bill.—Fraud is a conclusion of law, and the facts relied on to constitute it must be stated in the bill, and must, when taken together, be sufficient to make out a case of fraud. It is not sufficient simply to charge fraud, without stating the facts which constitute it, nor to state the facts tending to show fraud, if they are followed by other statements contradictory thereof.</p> <p>2. Usury—Purchaser Agreeing to Pay Usurious Debt of his Vendor as Part of Purchase Price.—Where land, subject to an usurious deed of trust, is conveyed to a grantee who assumes payment of the debt named therein as a part of the consideration for the conveyance, the grantee cannot set up the usury as a defence to a sale under the deed of trust. The usury is a personal defence to the grantor which he has waived by the sale.</p> <p>3. Chancery Jurisdiction—Injunction to Prevent Transfer of Negotiable Notes.—A grantee who has been defrauded by his grantor may come into a court of equity, and, upon a charge that his grantor is insolvent, and has transferred without consideration his unpaid negotiable purchase-money notes to a third person, for the purpose of defrauding the grantee, may enjoin such third person from assigning or transferring the notes, and have the same cancelled so far as necessary to protect such grantee.</p>