Charles Evans Hughes

“ So far as I understand the decisions where such independent ground has been sustained, resulting in a lack of jurisdiction in this court to review a decision of a state court, the judgment has proceeded upon the principle that, irrespective of the Federal right asserted, an independent ground of judgment, not involving the Federal question, has controlled the decision. ”

“ When the borrower appears in any capacity in a court of equity, asking affirmative relief against a usurious contract to pay money, such relief will, in the absence of statute providing otherwise, be granted him only upon condition of his doing equity; that is, tendering the money actually due. . . . The rule . . . applies when the relief sought is the reformation or cancelation of a deed or mortgage, or other instrument evidencing or securing a usurious debt, or an injunction against threatened damaging action by the creditor, or in fact, whatever be the character of the relief sought. ”

“ The defendants appeal on the ground that the court should have denied the plaintiffs any relief whatever. The plaintiffs appeal upon two principal grounds: (1) that in the accounting they should not have been charged with interest on the note given to the bank, because by the exaction of usury all interest thereon had been forfeited; and (2) that the first mortgage should not have been enforced against them otherwise than by a foreclosure and sheriff's sale.'
The supreme court of the state decided in favor of the plaintiffs in error upon the second question. ”