Purvis v. Woodward

Citations

• 78 Miss. 922

Syllabus

<p>1. Chancery Pleading and Practice. Code 1892, 2 535. Answer. Evidence. Two witnesses, etc.</p> <p>The rule requiring two witnesses, or one witness and corroborating circumstances, to overthrow a sworn answer denying the allegations of the bill (aside from the statute modifying it, code 1892, 2 §35) has no application where the answer is sworn to by one who has no personal knowledge of the facts.</p> <p>2. Same. Injunction. Code 1892, § 557.</p> <p>Code 1892, 2 557, providing that an injunction shall not be granted unless the judge shall be satisfied of the complainant’s equity by oath or other means, does not require that the bill shall in all cases be sworn to before issuance of an injunction.</p> <p>3. 'Same. Accounting. Tender.</p> <p>In a suit for an injunction, where an accounting is necessary to determine the sum due from the complainant to the defendant, the only tender required is of the amount which the complainant in good faith admits to be due, with an offer in the bill to pay whatever sum shall be ascertained to be due.</p> <p>4. a Usury. Renewal note. Change of law.</p> <p>A promissory note given in renewal of another is a new contract, and is governed by the usury law in force at its date, although the law has been changed since the execution of the first one.</p> <p>5. Same. Code 1880, 2 1141.</p> <p>The provisions of code 1880, § 1141, on the subject of interest and usury, were prospective only, but they nevertheless applied to a promissory note given while they were in force in renewal of an older one executed before the adoption of that code.</p> <p>6. Same. Injunction. Sales under trust deeds. Code 1880, 21141. Code 1892, 22348.</p> <p>Under the provisions of the code 1880, 2 1141, and code 1892, 2 2348, on the subject of interest and usury, where sales under deeds of trust are enjoined, the creditor can, the contract being usurious, recover only the principal of his debt.</p> <p>7. Same. TJsv/r-lous debt. Payment. Tender.</p> <p>In order to en