Legal Opinion

Law, Clark & Co. v. Mitchell

Supreme Court of Alabama

Decided November 15, 1917No. 4 Div. 721PublishedCited by 3 opinions

Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill in equity by T. E. Mitchell against Law, Clark & Co. and others. Decree for plaintiff, and defendants appeal.

1Opinion of the CourtSomerville, J.

The bill of complaint shows that complainant bought goods from respondent through a series of years, by way of advancement for farming; that the balances were carried into mortgages executed by complainant' to respondent from time to time; that by agreement between them more than 8 per cent, interest was charged and paid upon the price of the goods sold; and that with proper allowance for usurious interest thus paid the entire mortgage indebtedness due from complainant had been satisfied.

The bill prays for an injunction against the foreclosure by respondent of two certain mortgages referred…

2Cases cited2 opinions

  1. Lindsay v. United States Savings & Loan Co.Supreme Court of Alabama · 1899
  2. Reynolds v. LeeSupreme Court of Alabama · 1912

3Cited by3 opinions

  1. Edwards v. ALABAMA FARM BUREAU MUT. CAS. INS.Court of Civil Appeals of Alabama · 1986
  2. Gardner v. RuffnerSupreme Court of Alabama · 1921
  3. Pryor v. DeedSupreme Court of Alabama · 1946

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