Best v. British & American Mortg. Co.
U.S. Circuit Court for the District of Eastern North Carolina
1Opinion of the Court
SIMONTON, Circuit Judge.
This case began in tlie superior court of Greene county, ’N. C., and has been removed into this court. The complaint is by B. J. and R. E. Best, brought in the first instance to restrain a sale under a trust deed executed to secure the British & American Mortgage Company for a loan made by it to the Bests. The charge is that the loan secured by the mortgage is usurious. The further purpose of the complaint is to redeem tlie mortgage debt so soon as this question of usurious interest is settled. The facts ofthe case are these: On 20th January, 1890, the complainants…
2Cases cited6 opinions
- Spain v. Hamilton's AdministratorSupreme Court of the United States · 1864
- Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
- Call v. PalmerSupreme Court of the United States · 1885
- White Water Valley Canal Company v. ValletteSupreme Court of the United States · 1859
- American Freehold Land Mortg. Co. of London, Ltd. v. WhaleyU.S. Circuit Court for the District of South Carolina · 1894
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3Cited by1 opinion
- Medical Arts Bldg. Co. v. Southern Finance & Development Co.Court of Appeals for the Fifth Circuit · 1929