Sawyer v. Dickson
Supreme Court of Arkansas
Appeal from Pike Circuit Court in Chancery. Will P. Feazel, Judge. It was error to cancel the deed and notes as to all the defendants, because two of them, though properly summoned, have made default. The taking of interest in advance is not usury. 2 Wm. Be. 791, 792; 2 Cow. 664, 675; 15 Johns. 162, 168; 4 Wend. 652, 653; 30 Hun, 201, 203, 204; 4 Scam. (111.) 21; 7 Rob.
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Appeal from Pike Circuit Court in Chancery. Will P. Feazel, Judge. It was error to cancel the deed and notes as to all the defendants, because two of them, though properly summoned, have made default. The taking of interest in advance is not usury. 2 Wm. Be. 791, 792; 2 Cow. 664, 675; 15 Johns. 162, 168; 4 Wend. 652, 653; 30 Hun, 201, 203, 204; 4 Scam. (111.) 21; 7 Rob. (La.) 539, 541; 110 111: 390, 394; 30 111.490,498; 110 111. 235; 132 111. 550; 34 111. 110; 7 Has. 405; 12 Pick. 586; 60 Ark. 288. The presumption, is against usury. 8 N. Y. 276; 46 la. 46; 7 Wall. 499. When an agent or broker…
1Opinion of the CourtHughes, J.
This is an appeal from a decree in chancery, in which the appellees, the plaintiffs below, sought foreclosure of a deed of trust given to secure notes therein described, and to have the land conveyed by the deed sold for payment of the notes. The defense was usury. The answer prayed for cancellation of the notes and deed of trust. The court found for appellees, and decreed cancellation of the notes and deed of trust, from which the ease comes here up&n appeal.
The evidence discloses that the notes secured by the trust deed were dated and made payable at Kansas City, Missouri. The trust deed…
2Cases cited4 opinions
- Bank of Harrison v. GibsonSupreme Court of Arkansas · 1895
- Tenny v. PorterSupreme Court of Arkansas · 1895
- Parsons Oil Co. v. BoyettSupreme Court of Arkansas · 1884
- Matthews v. PaineSupreme Court of Arkansas · 1885
3Cited by7 opinions
- Hayes v. First National Bank of MemphisSupreme Court of Arkansas · 1974
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- Geyer v. First Arkansas Development Finance Corp.Supreme Court of Arkansas · 1968
- Ringer v. Virgin Timber Co.District Court, E.D. Arkansas · 1914
- Dodd v. Axle-Nut Sign Co.Supreme Court of Arkansas · 1916
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