Legal Opinion
Smith v. Western & Southern Life Ins. Co.
Court of Appeals for the Fifth Circuit
Decided February 3, 1937No. 8008PublishedCited by 4 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
The complainant-appellant, Lula A. Smith, by a suit in equity filed in 1934 in a Texas court sought an account of a debt made in 1921 and renewed in 1931, with payments made during the interval; and because of usury in the debt which under Texas law (Vernon’s Ann.Civ.St.Tex. art. 5071) renders void the contract to pay interest, she sought to apply all payments of interest to the principal, and having thus extinguished the principal to cancel the deed of trust given as security. The suit was removed to the federal court and there dismissed for want of equity, after leave…
2Cases cited19 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Shropshire v. Commerce Farm Credit Co.Texas Supreme Court · 1930
- Shropshire v. Commerce Farm Credit Co.Texas Supreme Court · 1931
- Seeman v. Philadelphia Warehouse Co.Supreme Court of the United States · 1927
- Dugan v. LewisTexas Supreme Court · 1891
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3Cited by4 opinions
- Fahs v. MartinCourt of Appeals for the Fifth Circuit · 1955
- Uniwest Mortgage Co. v. Dadecor Condominiums, Inc., and Brett DavisCourt of Appeals for the Fifth Circuit · 1989
- Armstrong v. Alliance Trust Co.Court of Appeals for the Fifth Circuit · 1937
- Fahs v. MartinCourt of Appeals for the Fifth Circuit · 1955