Southwestern Building & Loan Ass'n v. Rowe
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before 'the Hon. G. K. Miller. This action was brought by J. C. Bowe and Adeline Bowe, against the appellant, the Southern Building & Loan Association, to recover the statutory penalty for the failure on the part of the defendant, after request made by the plaintiff in writing, to enter on the margin of the record of a deed of trust, partial payments made by the plaintiff.
Read the full summary
Appeal from the City Court of Talladega. Tried before 'the Hon. G. K. Miller. This action was brought by J. C. Bowe and Adeline Bowe, against the appellant, the Southern Building & Loan Association, to recover the statutory penalty for the failure on the part of the defendant, after request made by the plaintiff in writing, to enter on the margin of the record of a deed of trust, partial payments made by the plaintiff. The complaint contained but one count, in which it was averred that on June 15, 1895, the plaintiffs executed to one IV. H. Nance, as trustee for the defendant,, a deed of…
1Opinion of the CourtHaralson, J.
1. The instrument executed by Adeline and J. O. Rowe, appellees, plaintiffs below, on the 15th of Jnne, 1895, to W. H. Nance in trust for the appellant, defendant (below, to secure a note that day ■ executed by plaintiffs to defendant, was, as applicable to sections 1065 and 1066 of the Code of 1896, a deed of .trust, and not a mortgage. — Southern B. & L. Asso. v. McCants, 120 Ala. 616. Nance was the'trustee and the defendant association was the cestui que trust. It was held hy ns in the case cited, that the maker of a trust deed to secure a debt due the beneficiary therein, could .not…
2Cases cited4 opinions
- Brooks v. StateSupreme Court of Alabama · 1889
- Southern Building & Loan Ass'n v. McCantsSupreme Court of Alabama · 1898
- New South Building & Loan Ass'n v. BowieSupreme Court of Alabama · 1898
- Gwin v. National Building & Loan Ass'nSupreme Court of Alabama · 1898
3Cited by6 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Kitts v. KittsTennessee Supreme Court · 1916
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Wilkerson v. SorsbySupreme Court of Alabama · 1918
- Southwestern Building & Loan Ass'n v. AckerSupreme Court of Alabama · 1903
1 more not listed; retrieve them via the Exa API.