Grider v. Driver
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court in Chancery. Hon. J. G. Prierson, Circuit Judge. Having procured all these claims, appellee Driver proceeded to secure them in a very singular way. He did not, like any one else would have done, take a mortgage with interest from date until paid. He calculated the interest on all the claims at the rate of 10 per cent, up to the date of the execution of the mortgages, and added this interest to the principal.
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APPEAL from Mississippi Circuit Court in Chancery. Hon. J. G. Prierson, Circuit Judge. Having procured all these claims, appellee Driver proceeded to secure them in a very singular way. He did not, like any one else would have done, take a mortgage with interest from date until paid. He calculated the interest on all the claims at the rate of 10 per cent, up to the date of the execution of the mortgages, and added this interest to the principal. He then calculated the interest on this gross sum up to the date of the maturity of the mortgages, added this to his former amount, and then made the…
1Opinion of the CourtBattle, J.
This action was brought by appellants, Sue-M. Grider and W. H. Grider, her husband’, in the Mississippi circuit court, to restrain John L. Driver, as trustee,, from foreclosing six several deeds of trust given by appellants on a large body of land in Miississippi county, to-secure certain debts mentioned In the deeds.
1. Not usury. On the 1st day of May, 1879,. James D. Driver was the owner of five notes executed by Sue M. Grider, then Sue-M. McGavock, to different parties and for different amounts. All of these notes were bearing interest, except one for the sum of $3,133.35, which was due on…
2Cases cited4 opinions
- Cutler v. . WrightNew York Court of Appeals · 1860
- Hull v. AugustineWisconsin Supreme Court · 1868
- Greenwade v. GreenwadeCourt of Appeals of Kentucky · 1835
- Forsyth v. BaxterIllinois Supreme Court · 1839
3Cited by19 opinions
- Hare v. General Contract Purchase Corp.Supreme Court of Arkansas · 1952
- Hayes v. First National Bank of MemphisSupreme Court of Arkansas · 1974
- First National Bank v. WaddellSupreme Court of Arkansas · 1905
- Carney v. MatthewsonSupreme Court of Arkansas · 1908
- Phipps-Reynolds Co. v. McIlroy Bank & Trust Co.Supreme Court of Arkansas · 1939
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