Farmers Saving's & Building & Loan Ass'n v. Kent & Sabotka
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this 'case was filed by the appellees, Kent & Sabotka, and averred that one J. B. Brewer negotiated a loan from the Farmers Savings and Building and Loan Association, and to secure the same executed a mortgage upon certain parcels of real estate, and in accordance with the building and loan plan, Brewer subscribed for certain shares of stock in the association at the time of…
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Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this 'case was filed by the appellees, Kent & Sabotka, and averred that one J. B. Brewer negotiated a loan from the Farmers Savings and Building and Loan Association, and to secure the same executed a mortgage upon certain parcels of real estate, and in accordance with the building and loan plan, Brewer subscribed for certain shares of stock in the association at the time of negotiating the loan, and, as recited in the mortgage, pledged such stock as security for the debt. The real estate mortgaged…
1Opinion of the CourtTyson, J.
Notwithstanding the opinion in this case, on former 'appeal, in which the equity of the bill is fully discussed and correctly sustained, it is insisted that the bill is without equity, and that we a°uin *253review the demurrer interposed to it.' — Farmers Sav. & B. & L. Asso. v. Kent & Sabotka, 117 Ala. 624. This insistence grows out of the latitude of the writ of injunction, rather than any defect in the averments of fact in the bill. By the writ, the association was prevented, not only from selling the lot belonging to the complainants, but those belonging to the mortgagor, about which it is…
2Cases cited7 opinions
- Southern Building & Loan Ass'n v. Anniston Loan & Trust Co.Supreme Court of Alabama · 1893
- Pioneer Savings & Loan Co. v. NonnemacherSupreme Court of Alabama · 1900
- Sheldon v. Birmingham Building & Loan Ass'nSupreme Court of Alabama · 1898
- Johnson v. National Building & Loan Ass'nSupreme Court of Alabama · 1899
- Farmers Savings & Building & Loan Ass'n v. Kent & SabotkaSupreme Court of Alabama · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allen v. RiddleSupreme Court of Alabama · 1904
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1928
- United States Savings & Loan Co. v. BeckleySupreme Court of Alabama · 1902
- Bell v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1903
2 more not listed; retrieve them via the Exa API.