Legal Opinion

Ellis v. Bibb

Supreme Court of Alabama

Decided July 15, 1829PublishedCited by 10 opinions

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exhibits and 'answer, it appears that William Pettus, in July 1 SI9, and while the statutory restraints on usury stood repealed, according to the provisions of the act of ISIS, executed his note to the defendant for $3,000, payable six months after date, to carry interest at the rate of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

  1. Hunt v. RhodesSupreme Court of the United States · 1828

3Cited by10 opinions

  1. Zimmern v. Standard Motor Car Co.Supreme Court of Alabama · 1921
  2. Steele v. TutwilerSupreme Court of Alabama · 1879
  3. Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
  4. Comegys v. BoothSupreme Court of Alabama · 1830
  5. Barr v. CollierSupreme Court of Alabama · 1875

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