Ebersole v. Southern Building & Loan Ass'n
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. J. C. Carmichael. Bill by C. I). Ebersole v. So. B. & L. Asso., the purposes of which and the facts concerning which are sufficiently stated in the opinion of the court. The chancellor rendered a decree dismissing the bill from which this appeal is taken.
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Appeal from Jefferson Chancery Court. Heard before Hon. J. C. Carmichael. Bill by C. I). Ebersole v. So. B. & L. Asso., the purposes of which and the facts concerning which are sufficiently stated in the opinion of the court. The chancellor rendered a decree dismissing the bill from which this appeal is taken. No man can be held to have waived his rights unless such waiver is distinctly made with full knownledge of the rights he intends to waive; and the fact that he knows his rights and intends to waive them must clearly appear. — Wilson v. Carpenter, 91 Ya. 192; Montague v .Massey, 76 Va.…
1Opinion of the CourtHaralson, J.
The certificates of stock of the complainant in the defendant Association, recited that the share's of stock were, subscribed for, “subject to all the conditions, rules, regulations and by-laws of said Association now in force or which may be hereafter enacted.”
In his application for shares of stock, which formed part of his contract with the association, complainant agreed “to abide by all the terms, conditions and bylaws” of the company.
*179Section 1, Art. 2 of the by-laws provides, “The certificates, terms and conditions of shares of the association, the by-laws and the application for…
2Cases cited3 opinions
- Beyer v. National Building & Loan Ass'nSupreme Court of Alabama · 1901
- Johnson v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1898
- Motes v. People's Building & Loan Ass'nSupreme Court of Alabama · 1902
3Cited by4 opinions
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Alabama Power Co. v. KeySupreme Court of Alabama · 1932
- Sperry & Hutchinson Co. v. MeltonWest Virginia Supreme Court · 1911
- W. T. Rawleigh Co. v. HannonSupreme Court of Alabama · 1944