Thompson v. Maddux

• Decision Date: 15 January 1895
• Citation: Thompson v. Maddux, 105 Ala. 326, 16 So. 885 (Ala. 1895)
• Parties: THOMPSON ET AL. v. MADDUX.
• Court: Alabama Supreme Court

16 So. 885

105 Ala. 326

THOMPSON ET AL. v. MADDUX.

Supreme Court of Alabama

January 15, 1895

Appeal from chancery court, Bullock county; Jere N. Williams Chancellor.

Action by Thomas J. Maddux against W. I. R. Thompson and others to enjoin defendants from foreclosing a mortgage.A decision was rendered for plaintiff, referring it to the register to state the account between the parties, and defendants appeal.Appeal dismissed.

The complainant averred in his bill that he had been for a long time a customer of Jordan & Sons, a mercantile firm doing business at Midway, in Bullock county, and that for 10 years Jordan & Sons had been advancing to him, for the purpose of enabling him to make a crop, and to secure such advances he at the first of each year, executed his note, which evidenced any balance that might be due on the last year's account and the approximate advances that were to be made during the coming year; that, in accordance with this custom, he did, in January, 1892, execute his note to Jordan & Sons for $3,000 which amount included the balance due from him for the transactions of 10 years preceding that time, and the amount which was estimated to be necessary to enable him to make his crop during the current year; and that to secure this amount he executed a mortgage on his real estate and personal property, and that this mortgage was assigned by Jordan &amp Sons to Robinson & Thompson.It was also averred in the bill that, for the past advances made by Jordan & Sons to the complainant, they had charged him usurious interest, and that up to the time of the assignment to Robinson & Thompson there had been no advances made to the complainant.He also averred his willingness and readiness to pay any amount that might be due upon said mortgage, and then averred that, under the provisions of sale in said mortgage, W. I. R. Thompson, as surviving partner of Robinson & Thompson, was about...