Page:United States Reports, Volume 1.djvu/63

 

HIS cae had been argued on the 3d of July by Lewis for the Claimant, and Bradford for the etate of Adams. The former cited 2 P. Will. 157. 154. ''Pract. Reg. Barn.'' 151. 3 Wils. 206. 2 Burr 1083.—The latter cited 10 Mod. 277. 6 Mod. 167.

And now, the 8th of July, the tated the quetion, and delivered the opinion of the Court, to the following effect:

C. J. The Telator, Flowers, and Jacobs, entered into an agreement for the ale of certain lands; oon after which Flower’sFlowers [sic] died, and Jacobs paid the purchae money to his executors. The will, however, which appointed thee executors, was afterwards et aide, having been obtained by undue influence; and Jacobs filed the preent claim to recover the money that he had thus improperly paid.

The only quetion ubmitted to the conideration of the Court, is, whether under thee circumtances, interet hould be allowed?

If there appeared, on the part of the executors, any thing like a , or , our deciion would, perhaps, hebe [sic] different from that which we have formed. But on the preent complexion of the tranaction, we think no interet ought to be allowed.

In Ventris, it is aid, that no interet is lawful, and, in many other caes, that it cannot be recovered, unles given by a poitive tatute. When the St. of H.7. c. was paed, a quetion aroe, whether interet might be allowed pending a writ of error; and it was refued. In the cae of promiory notes, however, where a day certain is fixed for payment, interet is allowed from the day of payment; and, where no day is fixed, it is payable from the time of demand. But in the intance before us, the money was received, as well as paid, in a mitake, and neither fraud or urprize can be imputed to either party. Therefore,

Let the claim be allowed for the principal um which Jacobs had paid, without interet.

See Henry Exor. verus Rik, et. al. pot.