Butts v. Broughton
Supreme Court of Alabama
Ax’pbal from the Chancery Court of Butler. Heard before the Hon. Jorm A. Foster. The bill in this case was filed on the 5th of March, 1880, by the widow and children of Benjamin Butts, deceased, against John T. Broughton, as the administrator of his deceased wife, Mrs. Sarah C. Broughton, and their several children as heirs at law; and sought a redemption of certain lands, which had been mortgaged by said Benjamin Butts in his life-time to Mrs. Broughton, an account of the…
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Ax’pbal from the Chancery Court of Butler. Heard before the Hon. Jorm A. Foster. The bill in this case was filed on the 5th of March, 1880, by the widow and children of Benjamin Butts, deceased, against John T. Broughton, as the administrator of his deceased wife, Mrs. Sarah C. Broughton, and their several children as heirs at law; and sought a redemption of certain lands, which had been mortgaged by said Benjamin Butts in his life-time to Mrs. Broughton, an account of the mortgage debt, and general relief. Benjamin Butts died in October, 1873, being in possession of the mortgaged lands at…
1Opinion of the CourtSOMETtVILLE, J.
We can not clearly see that the chancellor erred in holding the transactions between the decedent, Benjamin Butts, and the appellee, Broughton, to be free from the taint of usury. His ruling on this point must, therefore, be permitted to stand in the present state of the evidence. Derrick v. Brown, 66 Ala. 162; Donegan v. Davis, Ib. 362; Rather v. Young, 56 Ala. 94.
It may be seriously questioned, moreover, whether a mortgage debt can be impeached for usury by any other person than the mortgagor, or his personal representative. It has generally been held in this State to be a defense purely…
2Cases cited17 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Fenno v. SayreSupreme Court of Alabama · 1842
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Dozier v. MitchellSupreme Court of Alabama · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Jones v. GoffTexas Supreme Court · 1885
- Nance v. GraySupreme Court of Alabama · 1904
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Jones v. MatkinSupreme Court of Alabama · 1897
- Baker, Lyons & Co. v. Eliasberg & Bros. Mercantile Co.Supreme Court of Alabama · 1918
33 more not listed; retrieve them via the Exa API.