Edmunds' Ex'or v. Bruce

Citations

• 88 Va. 1007
• 14 S.E. 840
• 1892 Va. LEXIS 63

Syllabus

<p>1. TJ,stray—Trust-deed — Injunction—Relief.—A trust-deed was executed to secure a debt, usurious under Code 1873, chap. 137, which, by section 9 thereof, exempts borrower from paying any interest, and directs all payments to be deducted from the principal. Injunction was awarded to prevent sale under the deed.</p> <p>Held :</p> <p>By Code 1887, 4204, the mode of procedure is changed to conform to section 2822, which dispenses with a jury to try the issue of “ usury or no usury,” but the measure of relief remains the same.</p> <p>2. Idem—Gw at bar.—In such case the circuit court properly conformed the proceedings to the Code of 1887, but relieved the borrower of only the usurious excess;</p> <p>Held :</p> <p>He was entitled to relief from all interest.</p>