American Building Loan & Tontine Savings Ass'n v. Haley
Supreme Court of Alabama
Appeal from Colbert Chancery Court. Heard before Hon. William H. Simpson. The bill was filed for the foreclosure of a certain mortgage or deed of trust alleged to have been executed by Mattie Haley to the American Building, Loan & Tontine Savings Association and R. J. Black as trustee. Said Mattie Haley died before the execution of process, and the suit was revived against her administrator and heirs at law.
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Appeal from Colbert Chancery Court. Heard before Hon. William H. Simpson. The bill was filed for the foreclosure of a certain mortgage or deed of trust alleged to have been executed by Mattie Haley to the American Building, Loan & Tontine Savings Association and R. J. Black as trustee. Said Mattie Haley died before the execution of process, and the suit was revived against her administrator and heirs at law. The bill shows that complainant was a corporation organized under the laws of the State of Tennessee, and that said Mattie Haley was a resident of Alabama; that the application for the…
1Opinion of the CourtSharpe, J.
— In Sullivan v. Vernon, 121 Ala. 394,.
it was held that a foreign building and loan asociation was not entitled to relief upon a bill to foreclose a mortgage taken in the transaction of its corporate 'business in this State without alleging its compliance with the conditions as to appointing here a place of business and an agent, prescribed by the statute.—Code, §§ 1316 et seq. The absence of such allegation does not, however, .subject such a bill to demurrer where the bill does not show on its fact that the transaction was had in this State. The principle governing is the same as that which…
2Cases cited2 opinions
- Collier & Pinckard v. Davis Bros.Supreme Court of Alabama · 1891
- Electric Lighting Co. v. RustSupreme Court of Alabama · 1897
3Cited by6 opinions
- State v. National Cash Credit Ass'nSupreme Court of Alabama · 1932
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Petterson v. BerryCourt of Appeals for the Ninth Circuit · 1903
- Stockyards State Bank v. JohnstonSupreme Court of Oklahoma · 1915
- Siwooganock Guaranty Savings Bank v. CushmanSupreme Court of Vermont · 1937
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