Legal Opinion

Christian v. American Freehold Land Mortgage Co.

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 30 opinions

Appeal from .the Chancery Court of Perry. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 27th July, 1889, by the “American Freehold Land Mortgage Company of London, Limited, a corporation created under the laws of England, and having its principal office in the city of London,” against John B. Christian and others; and sought to foreclose a mortgage on a tract of land, which said Christian had executed to the complainant.

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Appeal from .the Chancery Court of Perry. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 27th July, 1889, by the “American Freehold Land Mortgage Company of London, Limited, a corporation created under the laws of England, and having its principal office in the city of London,” against John B. Christian and others; and sought to foreclose a mortgage on a tract of land, which said Christian had executed to the complainant. The tract of land was situated in Perry county, and the mortgage was dated the 14th September, 1885. The defendants demurred to the bill,…

1Opinion of the Court

McCLELLAN, J.'

-The questions which the demurrers in this case seek to raise, are those which were passed on in the case of Farrior v. New Eng. Mort. Sec. Co., at this term, 88 Ala. 275. It was there held, that a corporation foreign to the State of Alabama could not transact any business in this State, unless and until it had complied with the provisions of § 4, Art. XIY, of the Constitution,, now also embodied in the act of February 28th, 1887, giving force and effect thereto, and filed in the office of the Secretary of State an instrument in writing, &c., “designating at least one known…

2Cases cited4 opinions

  1. Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
  2. Cockrell v. GurleySupreme Court of Alabama · 1855
  3. Reel v. OverallSupreme Court of Alabama · 1863
  4. Mullens v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889

3Cited by30 opinions

  1. Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
  2. J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
  3. Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
  4. Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
  5. United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910

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