Roe v. Kiser
Supreme Court of Arkansas
Cross appeals from Benton Circuit Court in Chancery. Bdward S. McDaniee, Judge. STATEMENT BY THE COURT. The facts necessary to a proper presentation of the case are as follows: H. C. Burrestetta, being the owner of the N. B. k of the N. W. k of sec. 18, township 20 N., range 28 W., and being indebted to R. B. Nance in the sum of $247.90, on the 10th day of June, 1890, executed to Nance his note for said amount, due ninety days after date, and at the same time conveyed the…
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Cross appeals from Benton Circuit Court in Chancery. Bdward S. McDaniee, Judge. STATEMENT BY THE COURT. The facts necessary to a proper presentation of the case are as follows: H. C. Burrestetta, being the owner of the N. B. k of the N. W. k of sec. 18, township 20 N., range 28 W., and being indebted to R. B. Nance in the sum of $247.90, on the 10th day of June, 1890, executed to Nance his note for said amount, due ninety days after date, and at the same time conveyed the above land to Nance to secure the payment of the note. On the 12th day of Dec. 1891, the Nance note having been…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Without setting out the evidence in detail, we deem it sufficient to say that we have carefully read and examined it, as set out in the bill of exceptions in the case, and think that the preponderance of it sustains the finding of the chancellor that the note given by Roe and Kiser to Felker, and the mortgage given by Kiser to Roe, were usurious and void; it having been shown by parol evidence that, though the note was given to bear interest at the rate of ten per cent, (which is the highest lawful conventional rate of interest in this state), yet there…
2Cases cited2 opinions
- Hammond v. HoppingNew York Supreme Court · 1835
- Perkins v. DryeCourt of Appeals of Kentucky · 1835
3Cited by11 opinions
- Spragins v. Louise Plantation, Inc.Mississippi Supreme Court · 1980
- Ryder Truck Rental, Inc. v. KramerSupreme Court of Arkansas · 1978
- Roberts v. CoffinCourt of Appeals of Texas · 1899
- Home Building & Savings Ass'n v. ShotwellSupreme Court of Arkansas · 1931
- City National Bank v. RiggsSupreme Court of Arkansas · 1934
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