Sewell v. Nolen Bank
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; s! L. Brewer, Judge. Bill by J. I-I. Sewell against the Nolen Bank and others to declare a note and mortgage usurious and for an accounting. Prom decree for respondents, complainant appeals.
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Appeal from Circuit Court, Tallapoosa County; s! L. Brewer, Judge. Bill by J. I-I. Sewell against the Nolen Bank and others to declare a note and mortgage usurious and for an accounting. Prom decree for respondents, complainant appeals. The contract falls within the purview of section 4623, Code 1907, and equity has jurisdiction. 180 Ala. 76, 60 South. 101; 161 Ala. 407, 49 South. 860; 145 Ala. 264, 41 South. 84. A mere renewal does not purge the usury. 200 Ala. 672, 77 South. 46. Notice to one partner as to any matter of business within the partnership is notice to all the partners. 99 Ala.…
1Opinion of the CourtBrown, J.
This bill is by appellant, J. H. Sewell, against Mary E. Nolen, Roy L. Nolen, Leon A. Nolen, Lessie N. Adams, S. J. Nolen, Jr., Marie N. Potts, Helen N. Bell, Thurston H. Nolen, and Jack Nolen, a partnership doing business as the Nolen Bank, in Alexander City, Ala., praying for an accounting, and seeking to redeem from a certain mortgage executed by complainant to the Nolen Bank on the 31st day of January, 1916, for $3,000, in renewal and as additional security for alleged pre-existing debts — constituted largely, if not entirely, of usurious interest.
The answer of the Nolen Bank, the…
2Cases cited9 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Alexander v. FountainSupreme Court of Alabama · 1916
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Lewis v. HickmanSupreme Court of Alabama · 1917
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
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3Cited by7 opinions
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
- McCormick v. FallierSupreme Court of Alabama · 1931
- Boyd v. DentSupreme Court of Alabama · 1927
- Cotton v. First Nat. Bank of OppSupreme Court of Alabama · 1934
- Guiterman, Rosenfield & Co. v. CulbrethSupreme Court of Alabama · 1929
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