Beyer v. National Building & Loan Ass'n
Supreme Court of Alabama
Appeal from the Chancery 'Court of Cullman. Heard before the 1-Ton. William IT. Simpson. The bill was filed by Prank Beyer on the 27th June, 1899, against the defendant company, the National Building & Loan Association, its obieet being to have, a mortgage executed by plaintiff to defendant on the 1st day of June, 1894, on certain real estate therein mentioned cancelled as having been fully satisfied.
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Appeal from the Chancery 'Court of Cullman. Heard before the 1-Ton. William IT. Simpson. The bill was filed by Prank Beyer on the 27th June, 1899, against the defendant company, the National Building & Loan Association, its obieet being to have, a mortgage executed by plaintiff to defendant on the 1st day of June, 1894, on certain real estate therein mentioned cancelled as having been fully satisfied. The hill as originally filed contained thirteen sections, charging usury in the loan; that the defendant by its agents and literature falsely and fraudulently represented to complainant that the…
1Opinion of the CourtHaralson, J.
The errors assigned, 18 in number, relate, — 17 of them — to sustaining the demurrers to the separate sections of .the amended bill, and the *37418th to granting the motion to strike the amended bill from the files.
1. The first section of the 'amended bill numbered 13 is: “Complainant alleges that at the.time he applied for his said loan or advance, there was more, than one applicant to borrow the funds of said association, and the respondent failed to put said money up at the highest bidder as required by law and the by-laws of the respondent association, and' complainant alleges! that, this made…
2Cases cited12 opinions
- Birmingham Warehouse & Elevator Co. v. Elyton Land Co.Supreme Court of Alabama · 1890
- Montgomery Southern Railway Co. v. MatthewsSupreme Court of Alabama · 1884
- Brooks v. Continental InsuranceSupreme Court of Alabama · 1899
- Bradfield v. Elyton Land Co.Supreme Court of Alabama · 1890
- Tubb v. Liverpool & London & Globe InsuranceSupreme Court of Alabama · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Christie v. PattonSupreme Court of Alabama · 1906
- Midland Savings & Loan Co. v. HendersonSupreme Court of Oklahoma · 1915
- Ebersole v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1906
- Mims v. BlantonSupreme Court of Alabama · 1961
- Bell v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1903
1 more not listed; retrieve them via the Exa API.