Ellis v. Bibb
Supreme Court of Alabama
Richard Ellis, in January 1S26, filed in Franklin Circuit Court a bill in chancery against Thomas Bibb, for a discovery and relief, and to enjoin a judgment at law which Bibb had recovered against him. The cause at April term 1S27, was by consent, submitted for a final decree on the bill, with the several accompanying exhibits, and the answer; and a decree was rendered by the presiding.
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Richard Ellis, in January 1S26, filed in Franklin Circuit Court a bill in chancery against Thomas Bibb, for a discovery and relief, and to enjoin a judgment at law which Bibb had recovered against him. The cause at April term 1S27, was by consent, submitted for a final decree on the bill, with the several accompanying exhibits, and the answer; and a decree was rendered by the presiding. Judge, dissolving the injunction previously granted, and dismissing the complainants bill. Ellis, assigns in this Court for error, that the decree "was improper; 1st. Because he was discharged from liability…
1Opinion of the Court
By JUDGE SAFFOLD.
By the bill, exhibits and 'answer, it appears that William Pettus, in July 1 SI9, and while the statutory restraints on usury stood repealed, according to the provisions of the act of ISIS, executed his note to the defendant for $3,000, payable six months after date, to carry interest at the rate of five per cent a month? *64F. Peitps and complainant also signed the note, as securities of said William. The consideration of the note Mississippi Stock, which had been purchased several years previously at a discount of about fifty per cent, but which at the date of the contract…
2Cases cited1 opinion
- Hunt v. RhodesSupreme Court of the United States · 1828
3Cited by10 opinions
- Zimmern v. Standard Motor Car Co.Supreme Court of Alabama · 1921
- Steele v. TutwilerSupreme Court of Alabama · 1879
- Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
- Comegys v. BoothSupreme Court of Alabama · 1830
- Barr v. CollierSupreme Court of Alabama · 1875
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