Berney National Bank v. Pinckard, DeBardelaben & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 29th December, 1887, by Pinckard, DeBardelaben & Co., suing as partners, against the Berney National Bank, and the Bessemer Land and Improvement Company; and sought to enjoin a sale, under execution in favor of the bank, of certain shares of stock in said company, which had been issued to one W. W. Davin, and to compel the company to enter and…
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 29th December, 1887, by Pinckard, DeBardelaben & Co., suing as partners, against the Berney National Bank, and the Bessemer Land and Improvement Company; and sought to enjoin a sale, under execution in favor of the bank, of certain shares of stock in said company, which had been issued to one W. W. Davin, and to compel the company to enter and record on its books a transfer of said certificate and shares to complainants. The certificate was for twenty shares of…
1Opinion of the CourtStone, C. J.
We have many decisions in this State interpreting registration statutes. Daniel v. Sorrells, 9 Ala. 436, is a leading authority on the question it discusses. That case.arose under the act “concerning the registration of deeds and patents,” approved January 15, 1828. —Sess. Acts, 44-5; Clay’s Dig. 256, § 8. It provided, that “all deeds, recorded within six months from the date of their execution, shall have force, and be valid and operative between the parties thereto, and subsequent purchasers and creditors.” The question considered and determined in Daniel v. Sorrells was, who were creditors…
2Cases cited11 opinions
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Thomason v. ScalesSupreme Court of Alabama · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sloss v. GlazeSupreme Court of Alabama · 1935
- McDavid v. PhillipsTexas Supreme Court · 1906
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
- Abels v. Planters & Merchants Ins.Supreme Court of Alabama · 1890
- Matter of SandeferUnited States Bankruptcy Court, N.D. Alabama · 1985
9 more not listed; retrieve them via the Exa API.