Legal Opinion

Bibb County Loan Ass'n v. Richards

Supreme Court of Georgia

Decided January 15, 1857No. 108PublishedCited by 20 opinions

Foreclosure of Mortgage in Bibb Superior Court. Decision by Judge Allen, December Term, 1856. This was a proceeding instituted by the Bibb County Loan Association, against Alexander Richards, a member of said Association, to foreclose a mortgage on a house and lot in the city of Macon. The mortgage was executed to the Association, as security for the payment of a bond of which the following is a copy, to-wit: State of Georgia, Bibb County.

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Foreclosure of Mortgage in Bibb Superior Court. Decision by Judge Allen, December Term, 1856. This was a proceeding instituted by the Bibb County Loan Association, against Alexander Richards, a member of said Association, to foreclose a mortgage on a house and lot in the city of Macon. The mortgage was executed to the Association, as security for the payment of a bond of which the following is a copy, to-wit: State of Georgia, Bibb County. Know all mm by thesepresents, That I, Alexander Richards, of the said State and county, am held and firmly bound unto William S. Williford, Treasurer of…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

My first purpose was to consider two questions only, viz: 1st. Is the act of incorporation constitutional and valid? And, 2d. Did the charter authorize the contract from which Richards seeks to be relieved ?

Reflecting, however, upon the novelty and importance of the matters involved in this case, and the learning exhibited in its discussion, I have concluded to take a more extended view of the points in controversy.

From a work published in 1854, by Mr. A. Cummings, Jr., Boston, upon Building Associations, it seems that these associations…

2Cases cited2 opinions

  1. Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. More v. HowlandNew York Supreme Court · 1847

3Cited by20 opinions

  1. Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
  2. Ex parte PollardSupreme Court of Alabama · 1866
  3. Hopkins Federal Savings & Loan Ass'n v. ClearySupreme Court of the United States · 1935
  4. Cook v. Equitable Building & Loan Ass'nSupreme Court of Georgia · 1898
  5. Gibson v. StateSupreme Court of Alabama · 1925

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