McGehee's Adm'r v. George
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. John Foster. The hill in this case was filed by John Henderson, as the administrator of Samuel C. McGehee, deceased, against Charles H. George; asking an injunction, to restrain the defendant from selling slaves under a power of sale contained in a mortgage given to him by said McGehee, on the ground of usury in tbe secured debt, and an account of the amount actually due on the mortgage debt.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. John Foster. The hill in this case was filed by John Henderson, as the administrator of Samuel C. McGehee, deceased, against Charles H. George; asking an injunction, to restrain the defendant from selling slaves under a power of sale contained in a mortgage given to him by said McGehee, on the ground of usury in tbe secured debt, and an account of the amount actually due on the mortgage debt. The defendant admitted the charge of usury, but not to the extent alleged in the bill; and he appended to his answer a statement of the…
1Opinion of the CourtStone, J.
The doctrine is too well settled to admit of further controversy, that when one who has made a usurious promise, comes into equity for relief, in a case in which he has, by his own voluntary act, deprived himself of the opportunity to appear and plead the üjsary in the character of defendant, he is required to pay the principal sum due, and legal interest thereon. — Hunt, Frowner, et al. v. Acre, Johnson, et al., 28 Ala. 580.
In the present case, Mr. McGehee executed a mortgage security, with power of sale ; and he thus armed his creditor with the power to coerce the collection of his demand,…
2Cases cited4 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Hunt v. AcreSupreme Court of Alabama · 1856
- Gray's Executors v. BrownSupreme Court of Alabama · 1853
- Pearson v. BaileySupreme Court of Alabama · 1853
3Cited by4 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Gross v. CoffeySupreme Court of Alabama · 1895
- Bradford v. DanielSupreme Court of Alabama · 1880
- Lindsay v. United States Savings & Loan Co.Supreme Court of Alabama · 1899