Baker v. Orr
Supreme Court of Alabama
Bill to Foreclose First and Second Mortgage. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simps'on. Bill by J. B. Orr against Tony Baker and others to foreclose certain mortgage. Decree for complainants and respondent Baker appeals. A proper application of the principles of law with reference to usury contracts will impel a modification of the decree in this case.
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Bill to Foreclose First and Second Mortgage. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simps'on. Bill by J. B. Orr against Tony Baker and others to foreclose certain mortgage. Decree for complainants and respondent Baker appeals. A proper application of the principles of law with reference to usury contracts will impel a modification of the decree in this case. That the contract was usurious is conclusively shown by the facts. — 1 Jones on Mortgages, Sec. 634-639; 64 Ala. 527; 97 Ala, 430; Meyer v. Cook, 85 Ala. 417; Btickney v. Moore, 108 Ala, 590; 65 Ala, 382. The court…
1Opinion of the CourtSayre, J.
By his hill appellee sought to foreclose first and second mortgages on appellant’s tract of land, and had relief as to both. No error is assigned upon the decree in respect to the second mortgage.
Defendant, Tony Baker, had formerly owned the land, but had lost it by foreclosure. He had no interest whatever in the land nor any right concerning it. The transaction in question had its origin in his effort to repurchase. He went first to Judge Russell who represented the nonresident owner. By Judge Russell he was advised to go to some neighbor who would be able and willing to make arrangements…
2Cases cited6 opinions
- Sullivan Timber Co. v. BlackSupreme Court of Alabama · 1909
- Dykes v. BottomsSupreme Court of Alabama · 1893
- Tillman v. KiferSupreme Court of Alabama · 1910
- Neel v. ClaySupreme Court of Alabama · 1872
- Ward v. Bank of AbbevilleSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Murphy v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1941