Ward v. Bank of Abbeville
Supreme Court of Alabama
Appeal from tbe 'Chancery Court of Henry. Heard before the Hon. William L. Parks. The bill in this case was filed by J. R. Ward, the appellant, against the appellee, the Bank of Abbeville. The purpose of the bill and the facts* of the case necessary to an understanding’ of the decision on the present appeal are sufficiently stated in the opinion. cited Armour Packing Go. v. Nat. Bank, il Bo.
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Appeal from tbe 'Chancery Court of Henry. Heard before the Hon. William L. Parks. The bill in this case was filed by J. R. Ward, the appellant, against the appellee, the Bank of Abbeville. The purpose of the bill and the facts* of the case necessary to an understanding’ of the decision on the present appeal are sufficiently stated in the opinion. cited Armour Packing Go. v. Nat. Bank, il Bo. Rep. 28; ¡Sayre v. Weil, 94 Ala. 4G6; A. F. L. M. Go. v. Pollarcl, 120 Ala. 1; Tompkins v. Bremen, 95 Ala. 463; Bedell v. Manfg. Go., 91 Ala. 325; Bynum v. Frederick, 81 Ala. 489; Watts v. Bank of…
1Opinion of the CourtSharpe, J.
Complainant borrowed money from the defendant and gave notes therefor wherein he promised to pay stated sums “and all the expenses incurred in collecting the same, including attorney’s fee.” To secure their payment he executed a mortgage containing power to sell the mortgaged property in case the notes were not paid and to apply the proceeds of sale to the notes and sundry expenses and attorney’s fees for foreclosing this mortgage. Personal property -was seized and some of it sold by defendant, whereupon this bill was filed praying to be relieved from usury, to have an accounting to enjoin…
2Cases cited3 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Mueller v. MuellerSupreme Court of Alabama · 1899
- Baker, Lawler & Co. v. PoolSupreme Court of Alabama · 1876
3Cited by6 opinions
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Murphy v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1941
- Hylton v. CatheySupreme Court of Alabama · 1932
- Baker v. OrrSupreme Court of Alabama · 1910
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