Legal Opinion

White v. Kaminsky

Tennessee Supreme Court

Decided February 11, 1954PublishedCited by 11 opinions

1Opinion of the CourtJustice Prewitt

The Chancellor held that the foreclosure was regular and valid. This decree was reversed by the Court of Appeals, the latter court holding that usury appeared upon the face of the note secured by the trust deed foreclosed. It appears that the question of usury appearing on the face of the note was not made before the Chancellor hut was made for the first time before the Court of Appeals. So, the only question presented on this hearing is whether or not there was a patent ambiguity or a latent ambiguity.

It is conceded that the foreclosure was regular and that proper advertisement was made and…

2Cases cited4 opinions

  1. Teague v. SowderTennessee Supreme Court · 1908
  2. Moseley v. GoodmanTennessee Supreme Court · 1917
  3. Bank v. WalterTennessee Supreme Court · 1900
  4. Arlington Hotel Co. v. EwingTennessee Supreme Court · 1911

3Cited by11 opinions

  1. Riverside Park Realty Co. v. Federal Deposit InsuranceDistrict Court, M.D. Tennessee · 1978
  2. Coble Systems, Inc. v. Gifford Co.Court of Appeals of Tennessee · 1981
  3. Ward v. Berry & Associates, Inc.Court of Appeals of Tennessee · 1981
  4. William S. Walters, Jr. v. First Tennessee Bank, N.A. MemphisCourt of Appeals for the First Circuit · 1988
  5. Rush v. Chattanooga Du Pont Employees' Credit UnionTennessee Supreme Court · 1962

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