Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 3
Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 3
Maryland. Court of Appeals, Richard W. Gill, Oliver Miller
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4th. That there was no agreement to compound, at the period when the said bond of 22nd April 1822, was executed on the part of the appellees, or any of them, and if there were, it could only be binding as an agreement to convert the interest into principal, at that date, so as to make the compounding operate prospectively; and that any agreement at that period to compound retrospectively, as between the mortgagor and mort- gagees, is ill^al and usurious, and so oppressive to the mort- gagees, t...hat equity will relieve them from it. 5th. That the amount of the debt, as ascertained by said bond of April 1822, could only have been made out by the exaction of illegal and usurious interest, or by such compound- ing of the debt as the law regards as oppressive, as between mortgagor and mortgagee, and the appellees are entitled to be relieved against it, at least to the full extent of the usury or exaction, and to have the mortgage debt asceitained, either by computing them with sim^de interest down to the present period, or if there be proof of any agreement, then by compu- ting them with simple interest down to the period of such agreement, if any, and with simple interest from that period forward on the compounded sum.
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