Legal Opinion

Sidway v. Lawson

Supreme Court of Arkansas

Decided October 21, 1893PublishedCited by 25 opinions

Appeal from Carroll Circuit Court in Chancery, Eastern District. Edward S. McDaniel, Judge. There is no usury. 33 Ark. 645 ; 35 id. 53 ; ib. 55 ; 26 id. 358. Questions of interest and usury are determined by the law of the place of payment, regardless of the situs of the property pledged as security. The mortg'age is only an incident of the debt. 3 Ark. 727 ; 2 Vern. 395; 10 Wheat. 383; 3 Green’s Chy. 128 ; 1 Hast. Chy. 17 ; 14 N. J. Eq. 56; 7 Oh.

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Appeal from Carroll Circuit Court in Chancery, Eastern District. Edward S. McDaniel, Judge. There is no usury. 33 Ark. 645 ; 35 id. 53 ; ib. 55 ; 26 id. 358. Questions of interest and usury are determined by the law of the place of payment, regardless of the situs of the property pledged as security. The mortg'age is only an incident of the debt. 3 Ark. 727 ; 2 Vern. 395; 10 Wheat. 383; 3 Green’s Chy. 128 ; 1 Hast. Chy. 17 ; 14 N. J. Eq. 56; 7 Oh. St. 388 ; 10' R. I. 393 ; 14 Am. Rep. 691-2; 1 Neb. 108; 93 Am. Dec. 331 ; 11 Iowa, 1 ; Story, Conf. Daws, sec. 287 a; 1 Suth. Dam. 641. 1. The…

1Opinion of the Court

Battle, L

This was an equitable action, commenced by Lawson and wife against L. B. Sidway, to set aside a deed of mortgage on account of usury. The defendant answered, denying the usury and making his answer a cross-complaint, asked for a decree for the possession of the lands conveyed by the deed, according to the terms thereof; and then the plaintiffs answered, saying that the mortgage was void because the property mentioned therein was their homestead.

The circuit court found that the mortgage, and the note which it was given to secure, were tainted with usury, and declared the mortgage…

2Cases cited13 opinions

  1. Pryor v. DowneyCalifornia Supreme Court · 1875
  2. Pipkin v. WilliamsSupreme Court of Arkansas · 1893
  3. Green v. AbrahamSupreme Court of Arkansas · 1884
  4. Beard v. DansbySupreme Court of Arkansas · 1886
  5. McDaniel v. CorrellIllinois Supreme Court · 1857

8 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Federal Express Corp. v. SkeltonSupreme Court of Arkansas · 1979
  2. McIntosh v. DillSupreme Court of Oklahoma · 1922
  3. Middleton v. City of St. AugustineSupreme Court of Florida · 1900
  4. Sudberry v. GravesSupreme Court of Arkansas · 1907
  5. Stewart v. PritchardSupreme Court of Arkansas · 1911

20 more not listed; retrieve them via the Exa API.

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