Southern Building & Loan Ass'n v. McCants
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This action was brought by the appellee, J. S. McCants, against the appellant, the Southern Building & Loan Association, to recover the statutory penalty of two hundred dollars, for failure to satisfy on the margin of the record of a deed of trust executed by the plaintiff and his wife to secure the indebtedness of plaintiff to the defendant, after having been requested by the plaintiff, in…
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Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This action was brought by the appellee, J. S. McCants, against the appellant, the Southern Building & Loan Association, to recover the statutory penalty of two hundred dollars, for failure to satisfy on the margin of the record of a deed of trust executed by the plaintiff and his wife to secure the indebtedness of plaintiff to the defendant, after having been requested by the plaintiff, in writing to do so. The complaint originally filed contained two counts. The first count was stricken from the file at the…
1Opinion of the CourtSharpe, J.
Deeds of trust have grown, into common use along with mortgages as a form of security for debt, and it is probably because of that fact that the terms mortgage and deed of . trust are sometimes used interchangeably. At least one decision as to their identity appears in Wolfe v. Dewees, 13 S. & M. 103, where a statute relating to the satisfaction of mortgages upon the record, but without a penalty, was under com sideration, and it was held by the court that “a deed of trust is but a species of mortgage, and is included by the statute.” This was inaccurately said, however, for the two terms are…
2Cases cited6 opinions
- Grant v. BurrCalifornia Supreme Court · 1880
- More v. CalkinsCalifornia Supreme Court · 1892
- Grooms v. HannonSupreme Court of Alabama · 1877
- Scott v. FieldSupreme Court of Alabama · 1883
- Gillespie v. SmithIllinois Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Greek-American Produce Co. v. Illinois Central R. R.Alabama Court of Appeals · 1912
- Brown v. KildeaWashington Supreme Court · 1910
- Southwestern Building & Loan Ass'n v. RoweSupreme Court of Alabama · 1899
- Hamaker v. BynumSupreme Court of Alabama · 1902
- McDavid v. Union Indemnity Co.Alabama Court of Appeals · 1931