Legal Opinion

First Nat. Bank of Birmingham v. Jaffe

Supreme Court of Alabama

Decided May 16, 1940No. 6 Div. 634PublishedCited by 15 opinions

1Opinion of the Court

FOSTER, Justice.

The question of primary importance in this case is whether the Deficiency Judgments Act of June 24, 1935, Gen.Acts 1935, page 184, has application.

The suit is on a promissory note dated June 1, 1927, due in installments, the last of which matured June 1, 1932.

The benefit of the Act, above mentioned, was invoked by filing pleas 4 and 6 (so far as here material to mention them) to which demurrer was overruled. So far as here material, they allege that the debt sued for was secured by a mortgage on' real estate when it -was created, which was foreclosed on December 5, 1933, when…

2Cases cited32 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  3. Indiana Ex Rel. Anderson v. BrandSupreme Court of the United States · 1938
  4. W. B. Worthen Co. v. KavanaughSupreme Court of the United States · 1935
  5. W. B. Worthen Co. v. ThomasSupreme Court of the United States · 1934

27 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. ElliottSupreme Court of Alabama · 1945
  2. Bell v. Mar-Mil Steel and Supply Co.Court of Civil Appeals of Alabama · 1975
  3. First Nat. Bank of Mobile v. WefelSupreme Court of Alabama · 1949
  4. Sweet v. WilkinsonSupreme Court of Alabama · 1949
  5. First Nat. Bank of Birmingham v. HendrixSupreme Court of Alabama · 1941

10 more not listed; retrieve them via the Exa API.

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