Nelms v. Edinburg American Land Mortgage Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. Wm. H. Tayloe. contended, (1) that the complainant must state in its bill every fact essential to its right to maintain the bill and to obtain the relief therein sought; and cited, Christian v. Amer. Freeh. Mortg. Co., 89 Ala. 198; Farrior v. New Eng. Mortg.
Read the full summary
Appeal from the Chancery Court of Perry. Heard before the Hon. Wm. H. Tayloe. contended, (1) that the complainant must state in its bill every fact essential to its right to maintain the bill and to obtain the relief therein sought; and cited, Christian v. Amer. Freeh. Mortg. Co., 89 Ala. 198; Farrior v. New Eng. Mortg. Sec. Co., 88 Ala. 275; Jones v. Latham, 70 Ala. 167 ; Seals v. Robinson, 75 Ala. 368; Chandler v. Hanna, 73 Ala. 393; Duchworth v. Duchworth, 35 Ala. 70 ; 1 Dan. Chano. Prac. 361-372. (2.) The agent that § 4, Art. xiv of the Constitution requires of a foreign corporation is an…
1Opinion of the CourtColeman, J.
The bill was filed by appellee, a foreign corporation, to foreclose a mortgage.given to secure a loan of money. Appellants demurred to the bill, and the grounds of demurrer are, 1st, that the bill fails to sufficiently aver facts to show that the “agent designated” had authority to exercise or perform any of the corporate functions or powers of the corporation; and 2nd for that the bill fails to show that the corporation, by its charter, was authorized to engage in the business of loaning money, and securing the same by taking mortgages on land in Alabama.
There are several assignment of…
2Cases cited19 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- Chapman v. Rivers Construction CompanySupreme Court of Alabama · 1969
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Ex Parte Reliance Ins. Co.Supreme Court of Alabama · 1986
- State v. Southern Natural Gas CorporationSupreme Court of Alabama · 1936
23 more not listed; retrieve them via the Exa API.