Thompson v. Union Bank & Trust Co.
Supreme Court of Alabama
Appeal from Circuit Court, • Montgomery County; Leon McCord, Judge. Bill by Annie W. Thompson against H. F. Martin and the Union Bank & Trust Company for an accounting and to fix a lien upon certain lands. From the decree for respondent last named, complainant appeals. Martin held as trustee for Mrs. Thompson. 73 Md. 191, 20 Atl. 920, 10 L. R. A. 689; 54 Ala. 309, 25 Am.
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Appeal from Circuit Court, • Montgomery County; Leon McCord, Judge. Bill by Annie W. Thompson against H. F. Martin and the Union Bank & Trust Company for an accounting and to fix a lien upon certain lands. From the decree for respondent last named, complainant appeals. Martin held as trustee for Mrs. Thompson. 73 Md. 191, 20 Atl. 920, 10 L. R. A. 689; 54 Ala. 309, 25 Am. Rep. 679. A special agent’s powers are to be strictly construed. 1 Mechem on Agency, § 742; 104 Ala. 100, 16 South. 29; 69 Ala. 379; 68 Ala. 204; 16 Ala. 28; 12 Ala. 252. The auctioneer was such an agent. 1 Mechem, § 737 ; 2…
1Opinion of the CourtSayre, J.
Appellant’s perfect equity, except as against a bona fide purchaser for value without notice, cannot be denied. The only question, then, is whether appellee, the Union Bank & Trust Company, is such purchaser. The bank deraigned title as follows: Cowart, owning the property at the time, mortgaged it to appellant to secure a loan of money. After Cowart defaulted in the payment of his debt, appellant, acting on the representations of Martin (who had negotiated the loan for her), in order to facilitate his collection of the debt, by the instrument shown in the report of the former appeal (202…
2Cases cited2 opinions
- Sanders v. Cassady & BlackwellSupreme Court of Alabama · 1888
- Union Bank & Trust Co. v. ThompsonSupreme Court of Alabama · 1919
3Cited by3 opinions
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Hall v. HallSupreme Court of Alabama · 1941
- Stevens v. WhaleySupreme Court of Alabama · 1938