Legal Opinion

Ruddell v. Ambler

Supreme Court of Arkansas

Decided January 15, 1857PublishedCited by 5 opinions

Appeal from, the Circuit Court of Independence county in Chancery. The complainant was not entitled to the relief prayed for in his bill,“for the reason that he did not bring into Court, or offer in his bill to pay the amount really due, with legal interest thereon; and his bill should have been dismissed with costs, etc. 1 Story’s Eq.

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Appeal from, the Circuit Court of Independence county in Chancery. The complainant was not entitled to the relief prayed for in his bill,“for the reason that he did not bring into Court, or offer in his bill to pay the amount really due, with legal interest thereon; and his bill should have been dismissed with costs, etc. 1 Story’s Eq. Jur. sec. 64; Fanning vs. Dunham, 5 J. C. R. 122; Eagle vs. Shotwell, 1 J. C. R. 536; Rogers vs. Rathburn, 1 ./. C. R. 367; Tupper et al. vs. Rowell, lb. 436; McRaven et al. vs. Forbes, 6 Row. (Miss.) Rep. 569; 15 J. R. 555; 2 Dess. 341; 1 Paige Rep, 544; 4…

1Opinion of the CourtJustice Hanly

This was a bill in chancery, brought by the appellee against the appellants, in the Independence Circuit Court, praying, among other matters, that the appellant, Ruddell, might be enjoined or restrained from proceeding to recover judgment against the appellee, on the law side of the Court, upon a cer- , tain money bond, on the ground that it was usurious and void; and that the appellants might further be restrained from foreclosing, by sale, a certain deed of trust, which had been made and executed by the appellee to the appellant, Byers, as trustee for his co-appellant, Ruddell, to secure…

2Cases cited3 opinions

  1. Fulton Bank v. BeachNew York Court of Chancery · 1829
  2. Brewington v. PattonSupreme Court of Iowa · 1855
  3. Thomas v. MasonCourt of Appeals of Maryland · 1849

3Cited by5 opinions

  1. Farmers' Loan & Trust Co. v. Denver, L. & G. R.Court of Appeals for the Eighth Circuit · 1903
  2. Scott v. AustinSupreme Court of Minnesota · 1887
  3. Scott v. PottsSupreme Court of Oklahoma · 1916
  4. Hudnit v. NashSupreme Court of New Jersey · 1862
  5. Walter v. AdamsSupreme Court of Arkansas · 1919

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