Bell v. Fergus
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in chancery. John M. Elliott, Judge. 1. The transaction was usurious and void. 47 Ark., 287; 53 id., 271; ib., 345 ; 41 111., 31. 2. A debtor is never estopped to plead usury. It taints and vitiates all transactions. Judgments by confession will be set aside for usury. 5 Rand., 759; 5 John., Chy., 122; 2 Johns.
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APPEAL from Jefferson Circuit Court in chancery. John M. Elliott, Judge. 1. The transaction was usurious and void. 47 Ark., 287; 53 id., 271; ib., 345 ; 41 111., 31. 2. A debtor is never estopped to plead usury. It taints and vitiates all transactions. Judgments by confession will be set aside for usury. 5 Rand., 759; 5 John., Chy., 122; 2 Johns. Cases, 258; ib., 280; 3 Johns., 139; ib., 250; 22 111., .475 ; 87 III., 84; 1 Taunt., 413 ; 4 B. & Aid., 92. The act of 1887 (p. 50) expressly authorizes proceedings in equity to cancel and set aside “ every lien created by mortgage, •etc., or…
1Opinion of the CourtBattle, J.
On the nth day of November, 1879, Frank Fergus filed in the Jefferson circuit court a complaint in which he was plaintiff and Marcus L. Bell and Joseph W. Bocage were defendants. The object and prayer of it was 'the foreclosure of a mortgage executed by the defendants on the 13th of April, 1872, to Joseph Merrill, and by Merrill afterwards assigned to Fergus. Upon the filing of this •complaint Bell & Bocage entered their appearance, and, by their consent, judgment was rendered against them in favor •of the plaintiff for $4600 and 10 per cent, per annum interest thereon from the date of the…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Shufelt v. ShufeltNew York Court of Chancery · 1841
- Harris v. HarrisNew York Supreme Court · 1861
- Grow v. AlbeeSupreme Court of Vermont · 1847
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1835
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3Cited by4 opinions
- Seaboard Finance Co. v. WrightSupreme Court of Arkansas · 1954
- Ruckdeschall v. SeibelSupreme Court of Virginia · 1919
- Edgell v. HamCourt of Appeals for the Fifth Circuit · 1899
- Hightower v. CoalsonSupreme Court of Alabama · 1907