Wild v. Crum
Supreme Court of Alabama
Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Bill by A. R. Wild against W. B. Crtim to purge a transaction of usury and to redeem from mortgage foreclosure. From a decree dismissing the bill, complainant appeals. The original mortgage was .usurious and void.
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Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Bill by A. R. Wild against W. B. Crtim to purge a transaction of usury and to redeem from mortgage foreclosure. From a decree dismissing the bill, complainant appeals. The original mortgage was .usurious and void. Section 4623, Code 1907; 204 Ala. 93, 85 South. 375; 201 Ala. 462, 78 South. 840; 200 Ala. 672, 77 South. 46. The renewal mortgage was usurious and void. 79 Ala. 76; 83 Ala. 323, 3 South. 854; 39 C'yc. 994; 206 Ala. 611, 91 South. 258. There was no usury in the mortgages. 200 Ala. 129, 75 South. 577; 200 Ala. 619, 76…
1Opinion of the CourtSayre, J.
Appellant filed the bill in this cause, praying to be relieved of the usury in appellee’s mortgage contract and to redeem. The trial court overruled appellant’s exceptions to the register’s report, ruling in effect that there had been no usury, decreed foreclosure accordingly, and this appeal followed.
[1] There were two mortgages executed by appellant to appellee. In the first transaction, dated November 28, 1906, appellant received a loan of $2,000, for which he executed 11 notes for $13.33 each, payable one on the 1st day of each succeeding month, and one for $2,013.34, payable November 1,…
2Cases cited8 opinions
- Masterson v. GrubbsSupreme Court of Alabama · 1881
- Van Beil v. FordneySupreme Court of Alabama · 1885
- Read v. Flaketown Graphite Co.Supreme Court of Alabama · 1921
- Ely v. M'ClungSupreme Court of Alabama · 1836
- Hartley v. FrederickSupreme Court of Alabama · 1915
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3Cited by3 opinions
- Commerce Farm Credit Co. v. RampCourt of Appeals of Texas · 1938
- Valley Mortg. Co. v. PattersonAlabama Court of Appeals · 1942
- Woodmen of the World Life Ins. Soc. v. BolinSupreme Court of Alabama · 1942