1st National Bank v. Clark
Supreme Court of Alabama
Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill by A. S-. Clark against the 1st National Bank of Abbeville, to redeem from mortgage foreclosure, and setting up usurious interest. From a decree overruling a demurrer to the bill respondents appeal.
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Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill by A. S-. Clark against the 1st National Bank of Abbeville, to redeem from mortgage foreclosure, and setting up usurious interest. From a decree overruling a demurrer to the bill respondents appeal. The appellant being a national bank its rights are not affected by the provision of section 4623, Code 1907, and the case of Bar-clip v. Field, 145 Ala. 264, construing this section.— Florence R. & I. Co. v. Chase National Bank, 106 Ala. 369; Slaughter v. 1st Nat. Bank, 109 Ala. 160; Nat. Bank v. Dewing, 91 U. S. 29. The…
1Opinion of the CourtDowdell, C. J.
The bill in this case was filed in the chancery court of Henry county by the appellee, Clark, as a mortgagor, against the appellant, First National Bank of Abbeville, mortgagee, for the purpose of redemption of the mortgaged property before foreclosure, and at the same time, in the effectuation of that purpose, seeking to avoid the note secured by the mortgage as to the alleged usurious interest reserved therein by agreement of parties, and to abate the same. The bill was demurred to on the several grounds stated in the demurrer, and upon consideration by the chancellor the demurrer was…
2Cases cited4 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Barnet v. National BankSupreme Court of the United States · 1879
- Lindsay v. United States Savings & Loan Co.Supreme Court of Alabama · 1899
- Barclift v. FieldsSupreme Court of Alabama · 1906
3Cited by7 opinions
- Lewis v. HickmanSupreme Court of Alabama · 1917
- McCormick v. FallierSupreme Court of Alabama · 1931
- Jones v. MooreSupreme Court of Alabama · 1924
- First Nat. Bank of Oneonta v. LowerySupreme Court of Alabama · 1937
- Lowery v. First Nat. Bank of OneontaSupreme Court of Alabama · 1940
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