American Savings & Loan Ass'n v. Smith
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the lion. James W. Lapsley. This was a statutory action of ejectment, brought by the appellant, the American Savings & Loan Association, against the appellee, John Smith, to recover a certain lot specifically described in the complaint. The trial was had on issue joined upon the plea of the general issue.
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Appeal from the City Court of Anniston. Tried before the lion. James W. Lapsley. This was a statutory action of ejectment, brought by the appellant, the American Savings & Loan Association, against the appellee, John Smith, to recover a certain lot specifically described in the complaint. The trial was had on issue joined upon the plea of the general issue. The plaintiff claimed the right and title to the property as purchaser under a mortgage, alleged to have been executed to it by the Oxanna Building Association, in which said lot was conveyed. The plaintiff introduced in evidence a…
1Opinion of the CourtMcCLELLAN, C. J.
— It will suffice to say in justification of the conclusion and judgment of the city court— the cause being tried Avithout a jury — that it Avas not made to appeal- that Sawyer, Avho signed the name of the Oxanna Building Association to the mortgage of June 31, 3880, as president of said company, had any authority to execute that conveyance for and in the name of the association. — Norton v. Alabama National Bank, 102 Ala. 420; Swann & Billups v. Miller, 82 Ala. 530; Ware v. Swann & Billups, 79 Ala. 330; Standifer v. Swann & Billups, 78 Ala. 88. The testimonial to the instrument reciting that…
2Cases cited5 opinions
- Standifer v. SwannSupreme Court of Alabama · 1884
- Ware v. SwannSupreme Court of Alabama · 1885
- Swann & Billups v. MillerSupreme Court of Alabama · 1886
- Jinwright v. NelsonSupreme Court of Alabama · 1894
- Norton v. Alabama National BankSupreme Court of Alabama · 1893
3Cited by4 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Autauga Co-Operative Leasing Ass'n v. WardSupreme Court of Alabama · 1948
- Oldfield v. Angeles Brewing & Malting Co.Washington Supreme Court · 1913
- Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920