Royster v. Watkins
Supreme Court of Alabama
QUESTION IN THIS CASE. Principles, upon which Chancery will enjoin a judgment at law. In this oase, Royster filed a bill in Chancery, in Madison Circuit Court, for the purpose of enjoining the defendants from .proceeding to enforce a judgment obtained against him, at law.
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QUESTION IN THIS CASE. Principles, upon which Chancery will enjoin a judgment at law. In this oase, Royster filed a bill in Chancery, in Madison Circuit Court, for the purpose of enjoining the defendants from .proceeding to enforce a judgment obtained against him, at law. The facts were, that, in 1829, Royster, being in pecuniary embarrassment, applied to Watkins, to obtain' the loan of one thousand dollars; for which, for twelve .months, induced by his necessities, he agreed to give fifteen hundred dollars. That, to effect the purpose of the loan, the complainant gave his note, for fifteen…
1Opinion of the CourtHitchcock, C. J.
This is a bill, in Equity, to enjoin a judgment at law, on the ground of usury.— The bill was .dismissed by the Circuit Court of Madison Co'unty, and the case’ comes here, on a writ of error, to reverse that decree.
The facts disclosed in t’he bill make out, undoubtedly, a case of usury — every one of which, unfortunately, for the complainant, were within his knowledge, before the rendition of the judgment; notwithstanding which, the complainant voluntarily gave *438a power of attorney, to confess the judgment, which he now seeks to avoid; and without stating any legal excuse, either for giving…
2Cited by2 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Stringfellow v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1897