Wright v. McAlexander
Supreme Court of Alabama
Error to the Chancery Court of Huntsville. The bill was filed by the plaintiff in error, and alledges, that in the year 1837, having three slaves, a woman and two children, conveyed in trust to secure a debt to one Pruitt, and which were about being sold, the defendant in error advanced the sum for which the slaves were conveyed, and agreed to receive the services of the slaves as an equivalent for the use of the money.
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Error to the Chancery Court of Huntsville. The bill was filed by the plaintiff in error, and alledges, that in the year 1837, having three slaves, a woman and two children, conveyed in trust to secure a debt to one Pruitt, and which were about being sold, the defendant in error advanced the sum for which the slaves were conveyed, and agreed to receive the services of the slaves as an equivalent for the use of the money. That thereupon, complainant executed an absolute bill of sale for the slaves to him, but with the distinct understanding that she should have the privilege of redeeming them…
1Opinion of the CourtOrmond, J.
The objection made to the decree of the chancellor is, that the defendant should have been charged in the account with the difference between the value of the hire of the slaves, and. the interest of the money advanced upon them.
The case made by the bill is, that the complainant agreed to allow the defendant the use of the slaves, as an equivalent for the interest of the money advanced by him. It is now contended, that this contract is usurious. We do not doubt, that if this shape was given to the contract, for the purpose of evading the statute of usury, it would be void, as no shift,…
2Cases cited4 opinions
- Hall v. HaggartNew York Supreme Court · 1837
- Richardson v. BrownCourt of Appeals of Kentucky · 1813
- Hillman v. StumphIndiana Superior Court · 1873
- M'Ginnis v. HartCourt of Appeals of Kentucky · 1816
3Cited by4 opinions
- Jones v. MooreSupreme Court of Alabama · 1924
- Crowson v. CodySupreme Court of Alabama · 1923
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1884
- De Valenzuela v. RossSupreme Court of Alabama · 1934