Hamil v. American Freehold Land Mortgage Co.
Supreme Court of Alabama
Appeal from tbe Cliancery Court of Pike. Heard before the Hon. W. L. Parks. The bill in • this case was filed by Orlena.
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Appeal from tbe Cliancery Court of Pike. Heard before the Hon. W. L. Parks. The bill in • this case was filed by Orlena. A. Hamil, a married woman, the wife of Irby W. Hamil, to remove as a cloud from her title two mortgages, one of which was made to the American Freehold Land Mortgage Co., of London, Ltd., on February 17, 1891; and the other to the Loan Company of Alabama, on December 3, 1895. It was averred in the bill that the com.plainant was the owner of certain described lands as her separate estate; that on December 3, 1895, she joined with her husband, Irby W. Hamil, in the execution…
1Opinion of the CourtTyson, J.
It cannot now be a matter of serious controversy that Gamble and the Loan Company of Alabama were the agents of the complainant to negotiate the lean fo-** her, and not the agent of the Mortgage Com*100pany to whom, the notes and mortgages executed by her in February, 1891, were negotiated. The same contract by which the Loan Company undertook to negotiate and did negotiate the loan for her has been frequently before this court, and we may say that substantially the same facts as shown by this record relative to the procuring of the loan and the means and methods adopted by the complainant to…
2Cases cited8 opinions
- Ginn v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- American Freehold Land Mortgage Co. v. ThorntonSupreme Court of Alabama · 1895
- Land Mortgage Investment Agency Co. v. PrestonSupreme Court of Alabama · 1898
- George v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Florence v. CarrSupreme Court of Alabama · 1933
- Lunsford v. HarrisonSupreme Court of Alabama · 1901
- H. M. Price Hardware Co. v. MeyerSupreme Court of Alabama · 1931
- Grayson v. DuBoseSupreme Court of Alabama · 1910