Hayes v. Southern Home Building & Loan Ass'n
Supreme Court of Alabama
Appeal from Walker Chancery Court. Hoard before Hon. Thos. Cobbs. Bill in equity by J. H. Hayes against tlie Southern Home Building & Loan Association, a corporation. The complainant subscribed for twenty shares of the stock of the defendant association, at one hundred dollars for each share.
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Appeal from Walker Chancery Court. Hoard before Hon. Thos. Cobbs. Bill in equity by J. H. Hayes against tlie Southern Home Building & Loan Association, a corporation. The complainant subscribed for twenty shares of the stock of the defendant association, at one hundred dollars for each share. He afterwards borrowed of the defendant one thousand dollars, and to secure the same executed a mortgage on his homestead and also transferred to the defendant ten of his shares of stock. By the terms of his contract he was to pay on these shares a certain amount monthly until the stock held by' him…
1Opinion of the CourtSharpe, J.
— So important is it to the security of titles that reliance may be placed upon the facts stated in a proper certificate of acknowledgment' to a conveyance, that the law holds the certificate conclusive to establish those facts subject to impeachment only by proof of fraud or imposition in the -procurement of the acknowledgment or conveyance. — Grider v. Am. Freehold clc. Co., 99 Ala. 281; Shelton V. Aultman & Taylor Co., 82 Ala. 315.
Because of the probative force so accorded to the certificate as well as the usually important consequences of the conveyance itself, public policy forbids that…
2Cases cited11 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Smith v. ClarkSupreme Court of Iowa · 1897
- Southern Building & Loan Ass'n v. Anniston Loan & Trust Co.Supreme Court of Alabama · 1893
- Shelton v. Aultman & Taylor Co.Supreme Court of Alabama · 1886
- Ex parte SimontonSupreme Court of Alabama · 1839
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State v. Tuscaloosa Building & Loan Ass'nSupreme Court of Alabama · 1935
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- First National Bank of Sheridan v. Citizens' State Bank of DubuqueWyoming Supreme Court · 1902
- Sumners v. JordanSupreme Court of Alabama · 1930
- Mitchell v. BaldwinSupreme Court of Alabama · 1908
40 more not listed; retrieve them via the Exa API.