Legal Opinion · Dissent

Ensley Mortgage & Loan Co. v. Chadwick

Supreme Court of Alabama

Decided May 21, 1931No. 6 Div. 898Published

1DissentBouldin, J.

The case may be briefly stated thus: An ordinary banking corporation in course of business becomes the equitable owner of stock in another corporation. This corporation becomes a depositor in the bank. The bank fails and is taken over for liquidation by the banking department. Has the corporation a lien on the stock held by the bank, under ■Code, § 7000, enforceable in equity as security for the amount of its deposit in the bank at the time of failure?

Section 7000 of the Code provides: “All such corporations have a lien on the shares of its stockholders, for any debt or liability incurred to…

2Cases cited12 opinions

  1. Marble Co. v. HarveyTennessee Supreme Court · 1892
  2. Planters' & Merchants' Mutual Insurance v. Selma Savings BankSupreme Court of Alabama · 1879
  3. Birmingham Trust & Savings Co. v. Louisiana National BankSupreme Court of Alabama · 1892
  4. Commercial Fire Insurance v. Board of RevenueSupreme Court of Alabama · 1891
  5. First Nat. Bank v. Huntsville Bank & Trust Co.Supreme Court of Alabama · 1925

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