Penn v. Garvin
Supreme Court of Arkansas
Appeal from Boone Circuit Court in Chancery. Penn as grantee of Murphy brought suit against Garvin to cancel a mortgage of land executed by Murphy to Garvin to secure a loan alleged to be usurious. Garvin answered, denying the usury. He made his answer a cross-complaint, and prayed for foreclosure of the mortgage.
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Appeal from Boone Circuit Court in Chancery. Penn as grantee of Murphy brought suit against Garvin to cancel a mortgage of land executed by Murphy to Garvin to secure a loan alleged to be usurious. Garvin answered, denying the usury. He made his answer a cross-complaint, and prayed for foreclosure of the mortgage. Penn answered the cross-complaint, insisting (1) that the mortgage was usurious and (2) that the acknowledgment of the mortgage was bad, being taken by a notary who was the agent of one or both of the parties. The evidence established the fact that the acknowledgment' of the…
1Opinion of the Court
Hemingway J.
The defense of usury presents no question of law not settled by former decisions of this court; the questions of fact it presents must be resolved against the appellant.
The only other question in the case is, whether a notary public is disqualified to take an acknowledgment to a mortgage by reason of the fact that he had acted as agent for the mortgagor in obtaining the loan of money, which the mortgage was intended to secure. The appellant insists that the notary is disqualified in such a case, and relies upon many adjudged cases to which we are cited.
Upon examining them, we find…
2Cases cited10 opinions
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Davis v. BeazleySupreme Court of Virginia · 1881
- Stevens v. HamptonSupreme Court of Missouri · 1870
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Wasson v. ConnorMississippi Supreme Court · 1877
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3Cited by10 opinions
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- Ardmore Nat. Bank v. Briggs MacHinery & Supply Co.Supreme Court of Oklahoma · 1908
- National Cash Register Co. v. LeskoSupreme Court of Connecticut · 1904
- National Liberty Insurance v. TrattnerSupreme Court of Arkansas · 1927
- Equitable Life Assurance Society v. MannSupreme Court of Arkansas · 1934
5 more not listed; retrieve them via the Exa API.