James Moore Wayne

“ The whole inquiry on the hearing is to establish that fact, and to give relief to that extent. Whenever then a complainant does not comply with the rule, by averring in his bill his readiness or willingness to pay principal and interest; he can have no standing in a court of equity. ”

“ Swann et al.: that he who seeks the aid of equity, to be relieved from usury, must do equity by paying the principal and legal interest upon the money borrowed. The complainant does not offer to do so in his bill. This is essential to every such application in a court of equity: first, to give the court jurisdiction, and to enable the chancellor, if he thinks proper to do so, to require the payment of principal and interest before the hearing of the cause. The relief sought in such cases is an exemption from the illegal usury. ”

“ He further complains, that the executors of Walker have directed Rhodes to proceed to a sale of the house and lot; that he had advertised them for sale: and he admits, that he had not repaid the money borrowed. ”