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to appear

that the lease was cor- necting the loan with the lease moved
“ tracted for, wholly independent of, from the lessor. Molloy v. Irwin, 310
« without any regard to, and uncon- 7. But an under-tenant, bona fide, and
“nected with a loan, or treaty or com- not concerned in the transaction of the
6 munication for a loan of money." loan, not disturbed,

Sembl. Hunt y. Potter ; Drew v.
Power, (note)

3. A beneficial lease obtained under the

influence of loans of money made or
expected to be made by the lessee to

the lessor, is a fraudulent evasion of
the statutes of usury, and an undue

advantage taken of the lessor, and

therefore void. Drew v. Power, 182 1. A quasi estate tail cannot be barred
4. In such cases, the true consideration by will, Sembl.

is, not whether the loan of money was See CHOSE IN ACTION, 1.
part of the bargain made, but whether
the relation of debtor and creditor was WILLS, (PROVING OF)
that which induced the granting of
the lease,

191, 192 1. All wills to be proved shall be pro-
5. The statutes against usury are found- duced in the custody of the proper

ed on principles of public policy; and officer, and delivered to the exami-
it is against public policy that those ner or commissioners, and by them re-
who make profit on their money with- delivered to the same officer after exar
out hazard should have as large a mination closed. General Rule, 114
profit as those who employ it in ha-
zardous undertaking,

195, 312

6. A lease granted at the same time with

a loan of money by lessee to lessor, set See PRACTICE, 2, 3, 4.
aside ; although the proposal for con-

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