Sherwood v. Alvis
Supreme Court of Alabama
Appeal fi-om the Circuit Court of Lee. Tried before the Hou. J. M. Carmichael. This action was brought by James K. 0. Sherwood, against John P. Alvis and others, to recover the possession of a quarter-section of land particularly described in the complaint, with damages for its detention; and was commenced on the 6th October, 1887. The plaintiff claimed the land as the purchaser at a sale under a mortgage executed by said John P. Alvis io the, “New England Mortgage Security…
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Appeal fi-om the Circuit Court of Lee. Tried before the Hou. J. M. Carmichael. This action was brought by James K. 0. Sherwood, against John P. Alvis and others, to recover the possession of a quarter-section of land particularly described in the complaint, with damages for its detention; and was commenced on the 6th October, 1887. The plaintiff claimed the land as the purchaser at a sale under a mortgage executed by said John P. Alvis io the, “New England Mortgage Security Company,” a foreign corporation organized under the laws of Connecticut; the conveyance to him as purchaser being…
1Opinion of the CourtStone, C. J.
— The contract, out of which the present litigation grew, was made in Alabama. The New England Mortgage Security Company, a corporation organized under the laws of Connecticut, lent money to - Alvis, and received *117from Mm a mortgage on real estate lying in Alabama, to secure tbe repayment of tbe loan.
Tbe mortgage contained a power of sale on default. Under ar’thority alleged to have been conferred by tbe corporation, it is claimed tbat an agent advertised and sold tbe land according to tbe requirements of tbe mortgage; tbat Sberwood became tbe purchaser, and received a conveyance in tbe name…
2Cases cited17 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- National Bank v. WhitneySupreme Court of the United States · 1881
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- State v. American Book Co.Supreme Court of Kansas · 1904
- First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
- Miller v. Insurance CompanyTennessee Supreme Court · 1893
- Chewacla Lime Works v. Dismukes, Frierson & Co.Supreme Court of Alabama · 1888
24 more not listed; retrieve them via the Exa API.