Brock v. Clio Banking Co.
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Bill by C. J. Brock and another against the Clio Banking Company to enjoin the foreclosure of mortgage, to purge it of usury, and to redeem. Efom the decree rendered, complainants appeal.
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Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Bill by C. J. Brock and another against the Clio Banking Company to enjoin the foreclosure of mortgage, to purge it of usury, and to redeem. Efom the decree rendered, complainants appeal. The court erred in not permitting the amendment to be filed that was offered to he filed in July, 1920. 50 Ala. 561; 64 Ala. 486; 186 Ala. 574, 64 South. 960. The effect of reversing the decree on former appeal was to vacate it in toto, and to leave the parties just as if it had not been rendered. 20 Ala. 373; 173 Ala. 272, 55 South. 1011; IS…
1Opinion of the CourtMiller, J.
This hill was filed by C. J. and J. P. Brock against the Clio Banking Company for an accounting- under several mortgages given by complainants to the defendant, to purge the account of usury, and to enjoin foreclosure of the mortgages. The accounting and purging of usury involved several mortgages, beginning with those given in 1908. The cause was submitted for final decree. The court on February 19, 1919, decreed “that the complainants are entitled to the relief sought in their bill.” This decree names all of the mortgages and says:
“All usury contained in each of said notes and mortgages…
2Cases cited6 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Blue v. First Nat. BankSupreme Court of Alabama · 1917
- Dickens v. DickensSupreme Court of Alabama · 1911
- Clio Banking Co. v. BrockSupreme Court of Alabama · 1920
- Hunt v. Stockton Lumber Co.Supreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923