Report of Cases Argued And Determined in the Supreme Court of Alabama volume 19
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 19
Alabama Supreme Court
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Had no right whatever to sell the bill for less than its par value, and if he purchased with this knowledge he is not entitled to recover at all upon it. 18 Ala. 390 ; 16 Wend. 5T4. The presumption of law is, that Carlisle purchased the bill in the regular course of business, and that the transaction was en- tirely legal. The complainant, then, is not chargeable with neg- ligence, in relying upon this presumption and omitting to make inquiry of the parties as to the character of the purchase. A...s complainant was ignorant of the usury until after the rendition of the judgment, he is entitled to relief against the whole judg- ment. 2 For. 262 ; 1 Stew. & For. 41. This bill is one for discovery as well as for relief. Every bill for relief is one for discovery also. Wigram on Disc. (11 Law Lib. 1, 3, 5, 13, 27. ) The bill seeks a discovery as to the amount paid for the bill, and the amount collected on the judg- ment against Riha, Sykes &. Co. The " audita qu&rela" is in the nature of a bill in equity, for which a petition and supersede- as are now substituted.
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