Collier v. Barr
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. H. Austill. The bill in this case was filed on the 19th May, 1871, by D. D. Barr and J. W, Barr, against T. A. Collier and G. C. Collier ; and sought an injunction of a sale of property under a mortgage, an account of the mortgage debt, and equitable relief, in the statement of the account, on the grounds of fraud and usury.
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Appeal from the Chancery Court of Pike. Heard before the Hon. H. Austill. The bill in this case was filed on the 19th May, 1871, by D. D. Barr and J. W, Barr, against T. A. Collier and G. C. Collier ; and sought an injunction of a sale of property under a mortgage, an account of the mortgage debt, and equitable relief, in the statement of the account, on the grounds of fraud and usury. The mortgage, a copy of which was made an exhibit to the bill, was dated 2d May, 1870; purported to be given to secure the payment of a promissory note for $388.25, due the 1st November, 1870, which, as…
1Opinion of the CourtBrickell, C. J.
When this cause was before the court at a former term (Barr v. Collier, 54 Ala. 39), we held the temporary injunction was properly dissolved, because the answers denied positively the statements of the original bill upon which its equity depended. Since, the cause has progressed to a final decree in the Court of Chancery, upon evidence which satisfied the chancellor the transaction Was usurious ; that it was a loan of money which was intended, covered up by a sale of the cotton at a price exceeding its real value. We are of the opinion, the decree of the chancellor in this respect is…
2Cases cited2 opinions
- Miller v. BatesSupreme Court of Alabama · 1860
- Barr v. CollierSupreme Court of Alabama · 1875
3Cited by4 opinions
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- Bridgeport L. A. W. Corporation v. LevySupreme Court of Connecticut · 1929
- Barry v. ParantoSupreme Court of Minnesota · 1906
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