Humphrey v. McCauley
Supreme Court of Arkansas
APPEAL from Conway Circuit Court in chancery. Jordan E. Cravens, Judge. Mary E. McCauley brought suit to foreclose a mortgage of land executed to her by Susannah Humphrey and her son, R. A. Humphrey, to secure their certain promissory note for $311.50 with IO per cent, interest. The defense of usury was interposed. On the hearing the court decreed that the mortgage be foreclosed. Defendants have appealed.
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APPEAL from Conway Circuit Court in chancery. Jordan E. Cravens, Judge. Mary E. McCauley brought suit to foreclose a mortgage of land executed to her by Susannah Humphrey and her son, R. A. Humphrey, to secure their certain promissory note for $311.50 with IO per cent, interest. The defense of usury was interposed. On the hearing the court decreed that the mortgage be foreclosed. Defendants have appealed. From the evidence it appears that, on April 15, 1885, the Humphreys executed to B. A. Mayo their note, with mortgage, for $107.50 with 10 per cent, interest. At their request the note and…
1Opinion of the CourtHemingway, J.
1. usury. It is conceded that the debt secured by the mortgage is greater than the sum lent with lawful interest ; and the question is, whether the excess represents usurious exactions or sums lawfully due upon other accounts.
The defendants say positively that the excess is made up of sums exacted by the lender’s husband and agent in consideration of an extension of the debt for money loaned, while the lender and her husband state that it is made up of sums due the latter on other matters.
If the theory of the defendant is sustained, the mortgage and note are usurious ; if the plaintiff’s…
2Cases cited3 opinions
- Nichols v. FearsonSupreme Court of the United States · 1833
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
3Cited by11 opinions
- Hayes v. First National Bank of MemphisSupreme Court of Arkansas · 1974
- In re T. H. Bunch Co.District Court, E.D. Arkansas · 1910
- Johnson v. HullSupreme Court of Arkansas · 1893
- Tillman v. ThatcherSupreme Court of Arkansas · 1892
- Hughes v. HoldenSupreme Court of Arkansas · 1958
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