Southern Home Building & Loan Ass'n v. Tony
Mississippi Supreme Court
From the chancery court, second district, of Coahoma county. Hon. A. Me. Kimbrough, Chancellor. Tony, the appellee and cross appellant, was the complainant in the court below; the building and loan association, the appellant and cross appellee, was defendant there.
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From the chancery court, second district, of Coahoma county. Hon. A. Me. Kimbrough, Chancellor. Tony, the appellee and cross appellant, was the complainant in the court below; the building and loan association, the appellant and cross appellee, was defendant there. The opinion of the court states the case. * The facts in this case, as shown by the bill and answer, are in effect the same as in the case of Soholoshi v. B. do L. Assn. ,■ 77 Miss., 155. As far as the finding by the court of the usurious character of the contract is concerned, the decree of the court is in accordance with the…
1Opinion of the CourtTerral, J.
The appellee, Tony, a resident of Mississippi, borrowed of the appellant, a corporation of the State of Georgia, the sum of $2,000, and to secure its repayment, he executed a deed of trust on certain lands therein described, lying in Coahoma county, to a trustee, with power of sale if the contract was not promptly performed. The written contract between the parties specified that Tony should pay $12 monthly as stock dues, $10 monthly as interest, and $10 monthly as a premium on such advance. Tony having paid, as he alleges, more money than was necessary to satisfy his contract with the…
2Cases cited3 opinions
- American Freehold Land & Mortgage Co. v. JeffersonMississippi Supreme Court · 1892
- Long v. McGregorMississippi Supreme Court · 1887
- Sokoloski v. New South Building & Loan Ass'nMississippi Supreme Court · 1899
3Cited by4 opinions
- Armor v. Bank of LoudonMississippi Supreme Court · 1905
- Toler v. LoveMississippi Supreme Court · 1934
- Corey v. HookerSupreme Court of North Carolina · 1916
- Wirtz v. GordonMississippi Supreme Court · 1938