Van Beil v. Fordney
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the lion. John A. Foster. The bill in this case was filed on the 9th October, 1883, by Henry Van Beil, against Beates Fordney and his wife; and sought to foreclose a mortgage on certain lands in Mobile, ■which the defendants had executed to one Nathan Van Beil, by whom it was assigned, for valuable consideration, to the complainant.
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Appeal from the Chancery Court at Mobile. Heard before the lion. John A. Foster. The bill in this case was filed on the 9th October, 1883, by Henry Van Beil, against Beates Fordney and his wife; and sought to foreclose a mortgage on certain lands in Mobile, ■which the defendants had executed to one Nathan Van Beil, by whom it was assigned, for valuable consideration, to the complainant. The mortgage, which was made an exhibit to the bill, was' dated May 7th, 1870, and conditioned as follows: “ These presents are upon the express condition, that if the said Beates and Mary A. Fordney shall…
1Opinion of the CourtOlopton, J.
The bill is brought by appellant, to enforce a claim by the foreclosure of a mortgage, executed by appellees to Nathan Van Beil, by whom the claim and mortgage were assigned, April 12th, 18S3, to appellant. The appellees set up the defense of usury, both in the contract for the loan of the money, and in a subsequent contract, in 1873, for forbearance to collect the demand. The chancellor found that the original contract was not usurious, but that the subsequent agreement was, and decreed that the complainant was not entitled to any interest from the time of making the second agreement.
Usury…
2Cases cited9 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Martin v. MartinSupreme Court of Alabama · 1860
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Real Estate Trust Company v. . KeechNew York Court of Appeals · 1877
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3Cited by17 opinions
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Koehler v. DodgeNebraska Supreme Court · 1891
- Goodgame v. DawsonSupreme Court of Alabama · 1942
- Darden v. SchuesslerSupreme Court of Alabama · 1907
- Bernheimer v. GraySupreme Court of Alabama · 1917
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