Miller v. Bates
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Reyes. The bill in this case was filed, on the 7th February, 1859, by Asa T. Miller, against Wilson M. Bates and Isham C. Browder.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Reyes. The bill in this case was filed, on the 7th February, 1859, by Asa T. Miller, against Wilson M. Bates and Isham C. Browder. Its object was to obtain equitable relief against certain alleged usurious transactions between said Miller and Bates ; and to that end an account was prayed, and an injunction to restrain the sale of the complainant’s property, under a mortgage given by him to secure the payment of the alleged usurious claims. Browder was the surety of Miller, and was made a defendant because he refused to join…
1Opinion of the CourtA. J. Walker, C. J.
An injunction may be dissolved, either on account of the denial in the defendant’s answer of the equity of complainant’s bill, or on account of the want of equity in the bill. The two subjects of inquiry, therefore, involved in the revision of the chancellor’s decree dissolving the complainant’s injunction, are the sufficiency of the denials of tlfe answer to authorize the decree, and the equity of the bill. To the former of those inquiries we will first direct our attention.
[2.] The debts which the complainant alleges are tainted with usury, consist of a bill of exchange, drawn in favor of…
2Cases cited7 opinions
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- Rembert v. BrownSupreme Court of Alabama · 1850
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- Ely v. M'ClungSupreme Court of Alabama · 1836
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3Cited by8 opinions
- Lewis v. HickmanSupreme Court of Alabama · 1917
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- Weems v. WeemsSupreme Court of Alabama · 1882
- Jackson v. JacksonSupreme Court of Alabama · 1890
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