Stanley Matthews

Name: Ewell v. Daggs — Opinion of the Court
Author: Stanley Matthews

Summary

“Ewell v. Daggs — Opinion of the Court”, is a work by Stanley Matthews. It explores elements such as contract, debt and statute.

Quotes from Ewell v. Daggs — Opinion of the Court (Stanley Matthews)

Stanley Matthews, Ewell v. Daggs — Opinion of the Court

“ No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If from the plaintiff's own stating or otherwise, the cause of action appear to arise ex turpi causa, or the transgression of a positive law of this country, then the court says he has no right to be assisted. It is upon that ground the court goes, not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.'
And the effect is the same, if the contract is, in fact, illegal, as made in violation of a statute, whether the statute declares it to be void or not. ”

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Source: Wikisource

Stanley Matthews, Ewell v. Daggs — Opinion of the Court

“ It is sometimes said that a deed obtained by fraud is void, meaning that the party defrauded may, at his election, treat it as void. All that can be meant by the term, according to any legal usage, is that a court of law will not lend its aid to enforce the performance of a contract which appears to have been entered into by both the contracting parties for the express purpose of carrying into effect that which is prohibited by the law of the land. ”

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Source: Wikisource

Stanley Matthews, Ewell v. Daggs — Opinion of the Court

“ For the present suit is not to recover the debt, nor is it a suit against George W. Ewell. He is a party defendant because he has an interest by a subsequent conveyance in the lands sought to be sold under the mortgage. He has an equity of redemption, which entitles him to prevent a foreclosure and sale by payment of the mortgage debt; but the debt he has to pay is not his own, but that of James B. Ewell. If he can show that that debt no longer exists, because it has been barred by the statute of limitations, he is entitled to do so ”

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Source: Wikisource

Stanley Matthews, Ewell v. Daggs — Opinion of the Court

“ It is not to the purpose for the appellant to show that he owes the debt no longer, for in fact he never owed it at all; but his land is subject to its payment as long as it exists as a debt against the mortgagor, for that was its condition when his title accrued.
2. The second defense is that of usury. The statute of Texas on that subject has already been quoted. A contract of loan at a stipulated rate of interest greater than 12 per cent. per annum, is declared to 'be void and of no effect for the whole premium or rate of interest only;' but the principal sum may be received and recovered. ”

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Source: Wikisource

Stanley Matthews, Ewell v. Daggs — Opinion of the Court

“ And, in such cases, the advance of the money, although the contract is illegal for usury, is a meritorious consideration, sufficient to support a subsequent liability or promise, when the positive bar of the statute has been removed. 'A man by express promise may render himself liable to pay back money which he had received as a loan, though some positive rule of law or statute intervened at the time to prevent the transaction from constituting a legal debt.' Flight v. ”

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Source: Wikisource

Stanley Matthews, Ewell v. Daggs — Opinion of the Court

“ The contract on which the judgment was founded stipulated for no rate of interest, the interest reserved being added to the principal in the note itself, and, consequently, it is evident that the decree should not have allowed interest on the debt at a rate greater than 8 per cent. The amount of the decree should have been the sum actually due upon the mortgage debt at the rate of its maturity, May 27, 1859, with interest thereon at the rate of 8 per cent. ”

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Source: Wikisource

Stanley Matthews, Ewell v. Daggs — Opinion of the Court

“ Leases which contain a forfeiture of the lessee's estate for non-payment of rent, or breach of other condition, declare that on the happening of the contingency the demise shall thereupon become null and void, meaning that the forfeiture may be enforced by re-entry, at the option of the lessor. ”

Stanley Matthews

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