Stuart v. Holt
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before Hon. W. W. Pearson. Bill by Louise N. Holt and others against the Prattville Cotton Mills Company and George Stuart, its trustee in bankruptcy, with cross-bill by defendant trustee. Decree for complainants, and defendant trustee appeals.
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Appeal from Autauga Chancery Court. Heard before Hon. W. W. Pearson. Bill by Louise N. Holt and others against the Prattville Cotton Mills Company and George Stuart, its trustee in bankruptcy, with cross-bill by defendant trustee. Decree for complainants, and defendant trustee appeals. The bill in this case was filed by Louise N. Holt and others against the Prattville Cotton Mills Company, and sought the foreclosure of a mortgage which the bill alleged had been executed by said company to B. L. Holt, now deceased; the complainants being the widow and children, respectively, of said Holt. An…
1Opinion of the Court
GARDNER, J.—(1) It is insisted by counsel for appellant that the trustee in bankruptcy has established the invalidity of the mortgage here sought to be foreclosed upon either of two theories. It is not disputed that the mortgage was executed in the corporate name by the vice-president and attested by the secretary in due form as authorized by the board of directors at a regular meeting held for that purpose. The insistence, however, in the first place, is that the resolution of the board authorized the execution of the mortgage to secure money to be borrowed from B. L. Holt, and that, as…
2Cases cited13 opinions
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Davis v. Rock Creek L. F. & M. Co.California Supreme Court · 1880
- Cartwright v. WestSupreme Court of Alabama · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Warren v. StateSupreme Court of Alabama · 1916
- Autauga Co-Operative Leasing Ass'n v. WardSupreme Court of Alabama · 1948
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
- Gaines v. MaloneSupreme Court of Alabama · 1942
- Ex Parte BrownAlabama Court of Appeals · 1916
10 more not listed; retrieve them via the Exa API.