The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-10-13
the contract. and llorri. Is & ,.fe ri, t..sssas

NE contract, and Norris Il = tsfe his $..sSSoy
money without interest, pay costs and be dischar.
ged OF all other penalties imposed BY the act
The question now is, as to the form of the de-
cree; about which there would he no difficulty,
it Marks's counsel had net minated adispositi-
on to get out of court, in order to occupy his le-
gal stand again to prevent which, when the
court said the deeds, in the bill mentioned, might
stand as security fer the principal money, it was
objected as solecisn,, that deeds void by law,
should be set up in equity and in support of this
objection, the court has been referred to Vernon,
Precedents in Chancery, Atkyns, Brown, and
tonblsnque. Let these books he examined in
their chronological order: and first,
1. Vern. 467 Bill Us Price the bill in that
case was fled, to be relieved against several secu
rites for goods sold at S for j, and the cour, is
reported to have said, that the plaiatF's security
should be delivered up, on payment of what was
really and bona foe paid to him
z The precedsnts in chancery, 80, Smith cs
Loader; the bill in that case was to be relieved
Us recognizance for much larger sum than had
really been advanced and the master of the
rolls decreed perpetual injunction upon the pay.
ment of the principal money and interest, and the
chancellor affirmed the decree.
So htkyns 2S7, Lawly Hooper; and, al
though the chancellor, in that case, thought the
transaction shift to avoid the statutes of usury
yet, he said, there was no necessity to deternn..
that point and decreed relief on certain terms.
specified in the decree, upon the ground that the,
agreement, though for an absolute sale was such
as court of equity should not suffer: and by
the decree it was provided. that iftha terms were
refused, the bill should be dismissed.
a. l. Bro. 1913, Lowther vs the countess dow.
ager OF Andover, ct al. where the oil was filed
for specific performance of certain articles &
the court said, that if upon tender of suffici.
emf conveyance, the money was not paid, the
plaintiff 5 bill should be dismissed.
s. q. Bro. 4S9 Mason Is GARDENER. where the
question was, whether bill, for the discovery of
the usury, without stating that the plaintiff was
ready to pay principal and interest, upon demur-
rer, was good and could be entertained 8. the
chancellor said it was not
o. J. Fonb. Where it is laid down, that the
court viii attend to the claims of equal ;ustice,
and will never interfere, unless the plaintiff will
consent TO Ito that which is right
understand, that the object of the plaintiffs
counsel IN referring the court o those cases. was
to prove, that where reliefis afforded UPON terms,
that the party who obtains it, is at liberty to ac-
cept OF the terms or not and this is admitted.
so FAR as the relief goes, but no farther: Then.
now FAR does the relief go in this case to all but
The principal money; and the court will not com
pei the plantiffto accept of its relief for. IL he
Pieases, ne may pay the usury but the court will
put LII nus Powernot to do it; and this is al, the
court can do as to the relief: but the question Is
IS to the principal money! Shall Marks have
the AID OF the court and not Morris Shall the
court not aid Morris in getting from Marks that
@hicn ne may withhold Or, shall the court sui.
Ter Marks to go out protected against the Isu,r
ant put Morris to his action a, law for the or;nc,
pat Would this be right, while both are here.
ana according to Fonb entitled to equal Justice
t.'inS nos. In the cases to which 1 have been
teie.Fsa' ulsre was no necessity for the court to
go farther than it did because, the agreement,
were all good at law, and the defendants in eo,,it,
were 10 De benefited, If the plaintiffs refused the
terms on which they were relieved; and there.
fore the defendants did not Object for Il No.
tneir interest to be at law but, saws Morris.
th's is not my case A court of law will not do
ior me you have said my deeds are tain,,d
with usury, and that if Marks will pay me & 25OO
my securities shall be cancelled but if he will
not, now am to get that sum Must sue him
- !. oo' ne pleads the usury upon me, and proves
IL by your decree SO, that although law and O.
quity say, am to have ms principal money. with
OUT interest, pay costs, aHo be disc harged of all
penalties yet equity VT. not help me- while
II reiIeves Narks- It is this view, which Nor
fis is made to take of his own case that makes IL
Lhe duty OF the court to provide for him as we'll
As 'or MARKS tor surely, it would be q solecism,
20 say that the contract is so far legal and eqnita-
Die, that the principal money shall be maid but
\, "'ASD So'h 10 secured,
shaii NOT be set up in equity, to secure the paw.
ment OF that principal, which the act compeIs the
lender to take: think they may and so said
me English Chancellor in the case of Scott 90
Nlsoet: 1T is true, that that was the case of a
Judgment which the chancellor said. could on,v
De displaced upon doing what was right, and that
NE Judgment should stand as security for the
money actually paid with legal interest and all
Mr. HAYS arguments went TO prove, in this very
case, that Marks occupied ground, on which.
1t law, there was no relief Between Marks
hen and judgment debtor, no difference is dis
cerned, and that if the principle laid down
by the Judge in Scott IS Nisbet was correct.
with respect to Judgment it must be equal,
" SO with respect to the deeds i'm this case
and more especially, as il may prevent another
contest, which this court should not be the means
Df producing, while it holds in its own hands. the
means OF preventing it. But il was said, the
chancellor IN Scott US Nisbet did not understand
the case; how this was, do not know, but if
he did not, he guessed well, for he struck upon
The only principle that secured canal Justice 10
the parties, while he relieved against the hard.
ships OF the case at the same time But, if he had
not done If, would My Predecessor did it in Hill
and Hook: and shall do it in the case before
me.
am perfectly satisfied with the frame of the
decree, delivered out on yesterday, conformablv
% which the Clerk may draw it up, and have il