
    William Vernon vs. William Miles, Plaintiff below, and Jephtha Landrum and Zadock Davis, Justices.
    
      Certiorari.
    
    On proof that usurious interest is added into and constitutes a part of the consideration of a note sued on, a verdict cannot be rendered for the whole amount. The interest must be deducted.
    The certiorari in this case, complained of certain proceedings had in the Court below, in two cases, in favour of William Miles vs. William Vernon and James S. Vernon and W. M. Pellum, founded on two promissory notes, in which it was alleged that a part of the consideration of said notes was usurious. It appeared by the return of the Justices, that it was proven on the trial below, that the notes sued on were given to renew other notes, and that twenty-five per cent, was calculated on said notes, and added in the face of the new notes, notwithstanding which the Jury found a verdict for the full amount of said notes, with interest.
   The Court is, therefore, of opinion, that the finding of the Jury in said cases was contrary to Law — -the usury having been fully established by the proof. It is therefore ordered, that the certiorari be sustained, the verdicts set aside, and new trials ordered.

WILLIAM EZZARD, j. s. c. c. c.  