Eslava v. Crampton
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. CHARLES TURNER. The appellant, Celestine Eslava, filed her bill against W. F. Stoutz, A. E. Buck, Manuel Primo and O. L. Crampton, the appellees, and sought to enjoin a threatened sale of certain property by O. L. Crampton, under mortgages executed to him by appellant. The bill charged that the appellant, some time in the year 1870, commenced borrowing money from Wm.
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Appeal from Chancery Court of Mobile. Heard before Hon. CHARLES TURNER. The appellant, Celestine Eslava, filed her bill against W. F. Stoutz, A. E. Buck, Manuel Primo and O. L. Crampton, the appellees, and sought to enjoin a threatened sale of certain property by O. L. Crampton, under mortgages executed to him by appellant. The bill charged that the appellant, some time in the year 1870, commenced borrowing money from Wm. E. Stoutz, and that during that year she borrowed various sums from him at rates of interest, varying from twenty to twenty-four per cent., and that in June, 1872, she…
1Opinion of the CourtStone, J.
The case of Rogers et al. v. Torbut et al., 58 Ala. 523, presented substantially the same question as that which meets us at the threshold of this. In that case, as in this, the bill was filed by mortgagors, charging that there was usury in the debt secured by the mortgage, and seeking to arrest a sale, threatened to be made under a power contained in the mortgage. In that case a question was made on the averments of the bill. We declared the rule iu such case to be, “that a complainant asking such relief, must either bring the money borrowed and interest into court, or he must, by his offer,…
2Cases cited3 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Branch Bank at Mobile v. StrotherSupreme Court of Alabama · 1848
3Cited by21 opinions
- Ginn v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Adams v. SayreSupreme Court of Alabama · 1881
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Voltz v. VoltzSupreme Court of Alabama · 1883
- Masterson v. GrubbsSupreme Court of Alabama · 1881
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