Legal Opinion

Farrior v. New England Mortgage Security Co.

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 69 opinions

Appeal from the Chancery Court of Lowndes. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 10th June, 1889, by the “New England Mortgage Security Company, a corporation duly organized under the laws of Connecticut, with its principal place of business in the city of Boston, Massachusetts, and having a duly constituted agent, with a known place of business, in the city of Birmingham, Alabama, as required by the 4th section of the 14th article of…

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Appeal from the Chancery Court of Lowndes. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 10th June, 1889, by the “New England Mortgage Security Company, a corporation duly organized under the laws of Connecticut, with its principal place of business in the city of Boston, Massachusetts, and having a duly constituted agent, with a known place of business, in the city of Birmingham, Alabama, as required by the 4th section of the 14th article of the constitution of said State,” against James S. Farrior and his wife; and sought to foreclose a mortgage on a tract of…

1Opinion of the CourtSomebyille, J.

The bill is filed by a foreign corporation, for the purpose of foreclosing a mortgage on certain lands in the counties of Montgomery and Lowndes; said conveyance bearing date April 13th, 1886, and being executed to secure a loan of money by the complainant to the mortgagor. This was prior to the act of February 28th, 1887, passed to give additional force and effect to section 4 of Art. XIY of the present constitution of Alabama, which provides, that “no foreign corporation shall do any business in this State, without having at least one known place of business, and an authorized agent or…

2Cases cited7 opinions

  1. Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
  2. Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
  3. Ex parte HardySupreme Court of Alabama · 1880
  4. American Union Telegraph Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1880
  5. Sherwood v. AlvisSupreme Court of Alabama · 1887

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3Cited by69 opinions

  1. Haskett v. MaxeyIndiana Supreme Court · 1893
  2. Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
  3. Parke v. BradleySupreme Court of Alabama · 1920
  4. Norton v. LuskSupreme Court of Alabama · 1946
  5. Jansen v. State Ex Rel. DowningSupreme Court of Alabama · 1962

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