Legal Opinion

Union Planters v. People of New York

Supreme Court of Alabama

Decided February 1, 2008No. 1050562PublishedCited by 3 opinions

1Per curiam

Pursuant to Rule 18, Ala. R.App. P., the following questions have been certified to this Court by the United States Court of Appeals for the Eleventh Circuit:

“1. Does the proper construction of Ala.Code [1975,] § 15-13-152 and § 15-13-156 permit the holder of the bail bond to file the affidavit before forfeiture of the bond; and if so, does that filing create an enforceable lien at that time? If yes, does that filing mean that the filer would take precedence in a foreclosure over the liens of subsequent filers such as Union Planters?
“2. If New York is precluded from taking precedence pursuant…

2Cases cited5 opinions

  1. McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
  2. Murphy v. CarriganSupreme Court of Alabama · 1959
  3. Central Bank of the South v. DinsmoreSupreme Court of Alabama · 1985
  4. Edwards v. ScruggsSupreme Court of Alabama · 1908
  5. Union Planters v. The People of the State of NYCourt of Appeals for the Eleventh Circuit · 2006

3Cited by3 opinions

  1. Wall to Wall Properties, Inc. v. Wells Fargo Bank, N.A.Court of Civil Appeals of Alabama · 2016
  2. JPMorgan Chase Bank, National Assn. v. VirgulakConnecticut Appellate Court · 2019
  3. Lowery v. Wells Fargo Home MortgageCourt of Civil Appeals of Alabama · 2015

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