Anniston Banking & Loan Co. v. Lapsley
Supreme Court of Alabama
Appieal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by R. A. Lapsley and another against the Anniston Banking & Loan Company to quiet title to land. Decree for complainants, and respondent appeals.
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Appieal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by R. A. Lapsley and another against the Anniston Banking & Loan Company to quiet title to land. Decree for complainants, and respondent appeals. The respondent answeréd, setting up that its right or title or incumbrance upon the land is derived and created as follows:' The discount by Sarah E. Lapsley with respondent' of certain notes executed to her by one D. P. Hale; the insolvency of Hale, and the fact that he had been adjudged a bankrupt; the payment of the first note, and part payment of the second, leaving a…
1Opinion of the CourtAnderson, C. J.
It may be conceded that the mortgage (Record, p. 25) provides for an attorney’s fee for a sale of the property, either under the power of sale or by a bill in equity, and that it was broad enough to give the mortgagee an option as to which method to adopt, and that said provision of the mortgage falls within the influence of the case of Langley v. Andrews, 142 Ala. 665, 38 South. 238, and is not controlled by the case of Cooper v. Parker, 176 Ala. 122, 57 South. 472. Yet we think that, in order for the mortgagee to be entitled to such attorney’s fee, the attorney must have resorted in some…
2Cases cited2 opinions
- Cooper v. ParkerSupreme Court of Alabama · 1912
- Langley v. AndrewsSupreme Court of Alabama · 1904
3Cited by4 opinions
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Bell v. KingSupreme Court of Alabama · 1924
- Hylton v. CatheySupreme Court of Alabama · 1932