Legal Opinion

Union Savings Ass'n v. Cummins

Supreme Court of Oklahoma

Decided May 4, 1920No. 8409PublishedCited by 19 opinions

Error from District Court, Jefferson County ; Cbam Jones, Judge. Action by Union Savings Association, against B. V. Cummins, Laura Cummins, H. W. Lemons, and W. J. Chubbuck, to recover on a certain note and mortgage upon real estate. Judgment for defendants, and plaintiff brings error. '

1Opinion of the CourtJohnson, J.

To the petition of plaintiff, defendant H. W. Lemons filed a disclaimer.

Defendants B. V. Cummins and Laura Cummins answered, admitting the execution of the note and mortgage, and by way of cross-petition alleged that the note and mortgage were given to secure a loan of money and that the rate of interest exacted by plaintiff was usurious and the amount of usury reserved and charged by said note and mortgage exceeded the balance due thereon. The defendant Chubbuck, after a general denial, as a further defense alleged that he was the owner of the legal and equitable title to the premises by…

2Cases cited33 opinions

  1. Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
  2. Haseltine v. Central Bank of SpringfieldSupreme Court of the United States · 1901
  3. Allison v. CrummeySupreme Court of Oklahoma · 1916
  4. Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
  5. Hintermister v. . First National BankNew York Court of Appeals · 1876

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3Cited by19 opinions

  1. Mires v. HoganSupreme Court of Oklahoma · 1920
  2. Smith v. BostaphSupreme Court of Oklahoma · 1924
  3. Farmers Nat. Bank of Oklahoma City v. GillisSupreme Court of Oklahoma · 1932
  4. Gulager v. CoonSupreme Court of Oklahoma · 1923
  5. Methvin v. American Savings & Loan Ass'nSupreme Court of Oklahoma · 1944

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