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SCOTT V. LLOYD, 37 U. S. 145 (1838)

U.S. Supreme Court

Scott v. Lloyd, 37 U.S. 12 Pet. 145 145 (1838)

Scott v. Lloyd

37 U.S. (12 Pet.) 145


Where the grantor of annuity by deed has conveyed all his interest in the property charged with the annuity, and an allegation of usury in the granting of the annuity is afterwards made, he may be a witness to prove usury; if he is not a party to the suit and has conveyed all his right and title to the property to others, his creditors, thus divesting himself of all interest arising out of the original agreement, and is released from his debts by them, and is not liable to the costs of the suit.

This case was before the Court at the January term, 1830, 29 U. S. 4 Pet. 205, and again at January term, 1835, 34 U. S. 9 Pet. 418. It now came up on a writ of error, prosecuted by the plaintiff in the circuit court. The questions involved in the case when it was before the court in 1830 and 1835, and also in this case, are stated in the opinion of the Court. The competency of Jonathan Scholfield, who was examined as a witness for the defendant, was the only question in this writ of error.

Page 37 U. S. 146

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