Crittenden v. Ragan

Citations

• 89 Miss. 185
• 42 So. 282

Syllabus

<p>1. Pleadings. Usury.</p> <p>An averment that defendant discounted the note of his customer given for advances, placing the amount of the note, less the discount, to his credit, and in addition charged him ten per centum interest per annum — the maximum legal rate — on the cost price of the advances; sufficiently pleads usury.</p> <p>2. Chancery Practice. Equitable relief. Tender.</p> <p>A hill in equity by a second mortgagee to vacate a sale made under a first mortgage, praying an accounting of the sum due 'on the first mortgage and a resale of the property without making any tender at all, although admitting some debt to he due to the first mortgagee, is not saved from a demurrer by a charge of unsuccessful demands on the first mortgagee for an itemized account of what was due him.</p>