Hawkins v. Pearson
Supreme Court of Alabama
Appeal from the Chancery Court of St. Clair. Heard before tbe Hon. S. K. MoSpaddeN. The original bill in this case was filed on the 24th day of March, 1891, by Benjamin E. Hawkins, against Margaret E. Pearson, the widow of John T. Pearson, deceased, and against Jesse B. Pearson and others, children and heirs at law of said John T. Pearson, deceased, all said heirs at law except one, John H. Pearson, being children of Medora I. Pearson, a former wife of John T. Pearson,…
Read the full summary
Appeal from the Chancery Court of St. Clair. Heard before tbe Hon. S. K. MoSpaddeN. The original bill in this case was filed on the 24th day of March, 1891, by Benjamin E. Hawkins, against Margaret E. Pearson, the widow of John T. Pearson, deceased, and against Jesse B. Pearson and others, children and heirs at law of said John T. Pearson, deceased, all said heirs at law except one, John H. Pearson, being children of Medora I. Pearson, a former wife of John T. Pearson, deceased; and sought the reformation of a mortgage executed by said John T. Pearson to the complainant, by the correction of…
1Opinion of the CourtMoCLELLAN, J.
A contract which stipulates for tbe payment of a greater rate of interest than eight per cent, is tainted with an evil and unlawful intent in such sort that, while tbe payor, if be invokes equitable interposition upon it in bis behalf, must do equity by offering to pay tbe legal rate of interest, tbe payee, when be becomes tbe actor in a court of equity, must always remove tbe taint by an offer to abate tbe whole of tbe interest, since tbe principal is all that be is entitled to recover, and without such abatement be can not be said to come into the court with clean bands. And *372it is…
2Cases cited3 opinions
- Harden v. Darwin & PulleySupreme Court of Alabama · 1880
- Chapman v. FieldsSupreme Court of Alabama · 1881
- Noble v. WalkerSupreme Court of Alabama · 1858
3Cited by13 opinions
- McCormick v. FallierSupreme Court of Alabama · 1931
- Barclift v. FieldsSupreme Court of Alabama · 1906
- Larson v. State Ex Rel. PattersonSupreme Court of Alabama · 1957
- La Crosse City Railway Co. v. HigbeeWisconsin Supreme Court · 1900
- State Ex Rel. Embry v. BynumSupreme Court of Alabama · 1942
8 more not listed; retrieve them via the Exa API.