Union Bank & Trust Co. v. Thompson
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by Annie W. Thompson against H. F. Martin and the Union Bank& Trust Company for an accounting and to fix a prior lien upon certain property described in a mortgage executed by the Cowarts to her. From a decree overruling the demurrers to the bill, the respondent Union Bank & Trust Company appeals. The assignment referred to is as follows: State of Alabama, Montgomery County.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by Annie W. Thompson against H. F. Martin and the Union Bank& Trust Company for an accounting and to fix a prior lien upon certain property described in a mortgage executed by the Cowarts to her. From a decree overruling the demurrers to the bill, the respondent Union Bank & Trust Company appeals. The assignment referred to is as follows: State of Alabama, Montgomery County. For value received, I, Annie W. Thompson, a widow, do hereby transfer, set over and assign to H. F. Martin, a married man, that certain mortgage of…
1Opinion of the CourtAnderson, C. J.
LU The assignment in question (which will be set out by the reporter) not only transfers and assigns the mortgage, but, having been made after the law day of the mortgage and being duly acknowledged, operates as a conveyance of the legal title to the land. It is-so worded as to evince an intention that it should operate as a conveyance of the land. Section 3356 of the Code of 1907; Ward v. Ward, 108 Ala. 278, 19 South. 354; Wisdom v. Reeves, 110 Ala. 418, 18 South. 13; New Eng. Mort. Co. v. Clayton, 119 Ala. 361, 24 South. 362; Dreyspring v. Loeb, 119 Ala. 282, 24 South. 734. Martin, the…
2Cases cited8 opinions
- Ward v. WardSupreme Court of Alabama · 1895
- Wisdom v. ReevesSupreme Court of Alabama · 1895
- Buell v. UnderwoodSupreme Court of Alabama · 1880
- Dreyspring v. LoebSupreme Court of Alabama · 1898
- Seabury v. HemleySupreme Court of Alabama · 1911
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3Cited by3 opinions
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Crum v. LaSalle Bank, N.A.Court of Civil Appeals of Alabama · 2009
- Thompson v. Union Bank & Trust Co.Supreme Court of Alabama · 1920