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to appear "that the lease was cor-
"tracted for, wholly independent of,
"without any regard to, and uncon-
"nected with a loan, or treaty or com-
"munication for a loan of money."
Sembl. Hunt v. Potter; Drew v.
Power, (note)

119
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

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therefore void. Drew v. Power, 182 1. A quasi estate tail cannot be barred

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by will, Sembl.

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See CHOSE IN ACTION, 1.

4. In such cases, the true consideration
is, not whether the loan of money was
part of the bargain made, but whether
the relation of debtor and creditor was
that which induced the granting of
the lease,
191, 192 1.
5. The statutes against usury are found-
ed on principles of public policy; and
it is against public policy that those
who make profit on their money with-
out hazard should have as large a
profit as those who employ it in ha-
zardous undertaking,
195, 312

6. A lease granted at the same time with

WILLS, (PROVING OF)

294

All wills to be proved shall be pro-
duced in the custody of the proper
officer, and delivered to the exami-
ner or commissioners, and by them re-
delivered to the same officer after exar
mination closed. General Rule, 114

WRIT.

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

FINIS.

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