Legal Opinion · Dissent

Hardin v. Grenada Bank

Mississippi Supreme Court

Decided May 9, 1938No. 32612Published

1Dissent

Smith, C. J.,

delivered a dissenting opinion.

The decree of the court below on both the direct and cross-appeal should be reversed and the bill of complaint dismissed.

It will be necessary for me to discuss only the appellants’ claims (1) that the notes executed in 1921 were tainted with usury, and (2) that the price paid for the land at the trustee’s sale thereof is so inadequate as to require the setting aside of the sale.

1. As to the Usury. In order to obviate referring therefor to the opinion in chief, I will briefly state the facts here pertinent.

The appellants are husband and wife, and in,…

2Cases cited14 opinions

  1. De Wolf v. JohnsonSupreme Court of the United States · 1825
  2. United States v. RogersSupreme Court of the United States · 1846
  3. Clayton v. ClarkMississippi Supreme Court · 1896
  4. Dannenmann v. CharltonSupreme Court of Louisiana · 1903
  5. Pattison v. Albany Building & Loan Ass'nSupreme Court of Georgia · 1879

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