Legal Opinion

Shahan v. Tethero

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 2 opinions

Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. This was a statutory action of ejectment, brought by the appellant against the appellee, to recover certain lands specifically described in the complaint.

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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. This was a statutory action of ejectment, brought by the appellant against the appellee, to recover certain lands specifically described in the complaint. The plaintiff, W. P. Shahan, borrowed $3,000 from the People’s Building, Loan & Saving Association, a foreign company located in the State of New York, and executed a deed of trust on the lands sued for to a trustee, E. A. Walton, to secure the payment thereof, to said. Association, which deed bears date the 11th February, 1893. The company had been doing business…

1Opinion of the Court

HARALSON, J. —

The statute to regulate the business of building and loan associations in this State, approved February 7th, 1893, (Acts, 1892-93, p. 665), requires such associations organized in other States and Territories, to deposit certain securities with the State Treasurer, in trust for the benefit of its members and creditors, and pay a license tax of $200 a year, as a condition to doing business in the State. The act, by its terms, went into effect immediately after its approval.

1. By repeated decisions of this court, it may be stated, that by the sale under the power in the deed of…

2Cases cited4 opinions

  1. Sherwood v. AlvisSupreme Court of Alabama · 1887
  2. Dudley v. Collier & PinckardSupreme Court of Alabama · 1888
  3. Long v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1890
  4. Thornhill v. O'RearSupreme Court of Alabama · 1895

3Cited by2 opinions

  1. Diefenbach v. VaughanSupreme Court of Alabama · 1896
  2. Woods v. Allison Lumber Co.Supreme Court of Alabama · 1952

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