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KESNER v. TRIGG

Not in source.

98 U.S. 50 (1878)

25 L.Ed. 83

KESNER, v. TRIGG.

Supreme Court of United States.

December 2, 1878.

Attorney(s) appearing for the Case

Submitted on printed arguments by Mr. James H. Gilmore for the appellant, and by Mr. John W. Johnston for the appellees.

MR. JUSTICE SWAYNE delivered the opinion of the court.

The bill, so far as it relates to the debt claimed to be owing to the estate of John C. Greenway, deceased, secured by the deed of trust to Bekem, cannot be sustained, for several reasons. It is silent as to the objection of usury. In Virginia, a party cannot avail himself of this defence, without averring and proving it; and in such case he is required by statute to pay the principal of the debt. Brown

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