Motes v. People's Building & Loan Ass'n
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. W. L. Parks. The bill in this, case was filed by the appellant, J. R. Motes, against the appellee, the People’s Building & Loan Association of Troy, Alabama.
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Appeal from the Chancery Court of Pike. Heard before the Hon. W. L. Parks. The bill in this, case was filed by the appellant, J. R. Motes, against the appellee, the People’s Building & Loan Association of Troy, Alabama. It was averred in the bill as amended that the complainant had executed to the defendant two several mortgages 'upon a certain house and lot in the city of Troy; that the first of said mortgages purported to be security for the payment- of $600 and interest, and the 2d of said mortgages purported to. secure the paymept of a loan of $150; the two several sums being evidenced by…
1Opinion of the CourtDowdell, J.
The bill in this case is one by a borrowing stockholder from a building and loan association, of which he was a member, and seeks to enjoin the foreclosure proceedings by the association under the mortgage, which was given to secure the loan. The bill as amended admits that the complainant obtained the loan and received the amount evidenced by the mortgage contract, except a -small fee for recording and .abstract of title, that was deducted from the amount of *374the loan. And it is not denied, but that it was his duty to pay this fee. The complainant alleges in his bill that he was required by…
2Cases cited2 opinions
- Beyer v. National Building & Loan Ass'nSupreme Court of Alabama · 1901
- Interstate Building & Loan Ass'n v. BrownSupreme Court of Alabama · 1900
3Cited by1 opinion
- Ebersole v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1906