Fourth Nat. Bank v. Kelly
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Suit by J. W. Kelly against the Fourth National Bank of Montgomery and others, wherein F. D. Kirvin intervened. Decree for plaintiff, and intervener and defendants appeal.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Suit by J. W. Kelly against the Fourth National Bank of Montgomery and others, wherein F. D. Kirvin intervened. Decree for plaintiff, and intervener and defendants appeal. The appeal is from a decree upon the petition of J. W. Kelly, as a bondholder under a deed of trust, to be allowed compensation out of the proceeds of the foreclosure sale of the property for fire and tornado insurance premiums alleged to have been paid by him during the years 1915 and 1916 for the protection and common benefit of himself and the other…
1Opinion of the CourtSomerville, J.
The point is made by counsel for petitioner that the appeal must be dismissed because it does not appear from the record that any one of the several appellants has any interest in the trust property or its proceeds, which was prejudiced by the order and decree appealed from. An examination of the record constrains us to hold that this contention is well taken.
[1] The Fourth National Bank was the purchaser of the trust property at the foreclosure sale, and obviously has no interest in the subject-matter of this appeal.
[2] Kirvin failed to show, as alleged in his answer contesting the petition,…
2Cases cited6 opinions
- Beilman v. PoeCourt of Appeals of Maryland · 1913
- Frey v. Shrewsbury Savings InstitutionCourt of Appeals of Maryland · 1882
- Hassall v. WilcoxSupreme Court of the United States · 1885
- Bockes v. . HathornNew York Court of Appeals · 1879
- Broughton v. ShiversSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of Mobile v. LeeSupreme Court of Alabama · 1963
- Conecuh County Board of Education v. CampbellSupreme Court of Alabama · 1964