Baine v. Williams
Mississippi Supreme Court
Appeal from the vice-chancery court, held at Carrollton; Hon. Henry Dickinson, vice-chancellor. Alexander C. Baine states in his bill, that, on the 24th of September, 1837, Robert Williams recovered judgment against William Armour, Henry Lake, and George K. Morton, for fl4,503.50; upon which a forthcoming bond was given with complainant, George W. Lake and Thomas J. N. Bridges (the two last afterwards admitted as complainants) as sureties; and was forfeited on the 9th of…
Read the full summary
Appeal from the vice-chancery court, held at Carrollton; Hon. Henry Dickinson, vice-chancellor. Alexander C. Baine states in his bill, that, on the 24th of September, 1837, Robert Williams recovered judgment against William Armour, Henry Lake, and George K. Morton, for fl4,503.50; upon which a forthcoming bond was given with complainant, George W. Lake and Thomas J. N. Bridges (the two last afterwards admitted as complainants) as sureties; and was forfeited on the 9th of September, 1839. This judgment bore ten per cent, interest. On the 12th of March, 1839, Williams obtained a judgment…
1Opinion of the Court
Mr. Chief. Justice Shaekey
delivered the opinion of the court.
The appellant filed his bill in the vice-chancery court, to enjoin the sale under execution of two lots in the town of Grenada, and for general relief. He was not a party to the original judgment, but had become liable on a forthcoming bond. The vice-chancellor decreed against the complainant, and he appealed. The judgment was in favor of Williams, and against Armour, Lake, and Morton.
The first ground on which relief is sought, is, that the judgment was founded on a usurious consideration. This defence should have been made at law,…
2Cases cited2 opinions
- Saddler v. GloverCourt of Appeals of Kentucky · 1837
- Hagan v. TobinCourt of Appeals of Kentucky · 1837