Miller v. Graham
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Bill by Mrs. Samuella J. Miller against Mrs. Ella M. Graham, to declare a mortgage on real estate usurious, to have an accounting, and to enforce the mortgagor’s equity of redemption. From a decree sustaining demurrer to the bill complainant appeals.
1Opinion of the CourtMcCLELLAN, J.
This is an appeal from a decree sustaining a demurrer to appellant’s bill. The bill’s purpose is to have a debt, secured by mortgage on real estate, declared usurious, to effect an accounting, and to enforce the mortgagor's equity of redemption. The indebtedness recited in the mortgage and secured by the mortgage is $2,000. The averments of the bill set forth, as of fact, these material matters: That complainant employed A. L. Jemison to negotiate a loan for her, in the sum stated, on mortgage on her real estate; that, if Jemison secured for her this loan, it was agreed that he should be paid…
2Cases cited6 opinions
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Woolsey & Sons v. Jones & Bro.Supreme Court of Alabama · 1887
- Barclift v. FieldsSupreme Court of Alabama · 1906
- Darden v. SchuesslerSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Edwards v. ALABAMA FARM BUREAU MUT. CAS. INS.Court of Civil Appeals of Alabama · 1986
- Kinney v. PollakSupreme Court of Alabama · 1931