New England Mortgage Security Co. v. Ingram
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before Hon. Jesse M. Carmichael. This action was brought by the New England Mortgage Security Company, a corporation chartered under the laws of Connecticut, against D. W. Ingram and his wife, to recover the possession of a large tract of land; and was commenced on the 3d of March, 1890. The plaintiff claimed the land under a mortgage executed to it by the defendants, which was dated December 21,1886, and duly acknowledged on…
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Appeal from the Circuit Court of Russell. Tried before Hon. Jesse M. Carmichael. This action was brought by the New England Mortgage Security Company, a corporation chartered under the laws of Connecticut, against D. W. Ingram and his wife, to recover the possession of a large tract of land; and was commenced on the 3d of March, 1890. The plaintiff claimed the land under a mortgage executed to it by the defendants, which was dated December 21,1886, and duly acknowledged on the 1th of January, 1887. The complaint averred that, at the time the mortgage was taken, plaintiff had an authorized…
1Opinion of the CourtStone, C. J.
The present record raises but a single question. Article XIV, section 4, of the Constitution of Alabama, ordains, that no foreign corporation “shall do any business in this State, without having at least one known place of busi*339mess, and an authorized agent or agents therein; and such corporation may be sued in any county where it does business, by service of process upon an agent anywhere in this State.” ¥e have uniformly held that the constitutional clause we have •copied is self-executing, without any statute to give it practical operation.—Amer. U. Tel. Co.v. W. U. Tel. Co.,67 Ala. 26;…
2Cases cited6 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- American Union Telegraph Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1880
- Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889
- Sherwood v. AlvisSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
- Ex Parte Western Union Telegraph Co.Supreme Court of Alabama · 1917
7 more not listed; retrieve them via the Exa API.