117 Ala. 449 | Ala. | 1897
The bill is for the .enforcement of a vendor’s lien for the payment of the purchase money for land. The appellee was complainant below, and appellant the defendant. The court overruled the motion of defendant to dismiss the bill for want of equity; and on that ruling the assignment of error is based.
The case made by the bill, so far as a test of its equity goes, lies in the averments, that on the 1st of July, 1895, complainant sold to defendant a certain tract of land, fully described in section one of the bill, lying and being in Pike county, Alabama, for the sum of frwenty
It seems from the averments of the bill, though it is not distinctly so averred as a definite agreement between
The bill then alleges, “that the whole of said balance of $1,100 is due complainant; that said Folmar is justly due and owing complainant the whole amount of $2,500, together with the legal interest thereon, from the 1st day of July, 1895, after allowing him credit for $1,400, on February 20, 1897.”
It is further averred, that defendant has charged and claims very exorbitant usurious interest against complainant for making advances to him, and sets out in specific terms the usury charged and offers to pay legal interest and to credit defendant on what' he owes him for purchase money, with any balance that may be found to be due and owing by complainant to him on settlement of said account, but complainant denies that he owes defendant any balance thereon. The prayer is for an account, to have all usury eliminated from said ac
Let it be added, again, that by the terms of the $1,400 note, the defendant is not accountable for interest from the making of said note, until he paid the same. It was not his fault that he did not pay it sooner. It appears he paid it as soon as he was obligated to do so, by the terms of the writing, and that it was complainant’s fault that it was not sooner paid.
The bill contains equity, and there was no error in overruling the motion to dismiss it.
Affirmed.