Oxanna Building Ass'n v. Agee
Supreme Court of Alabama
Appeal from the City Court of Anniston, in Equity. Heard before the Hon. B. F. Cassauy. The bill in this case was filed by A. P. Agee, as the receiver of the Anniston Savings & Deposit Company, against the Oxanna Building Association and H. S. Jewell; and sought to have a lien énforced upon a certain lot for the payment of the purchase-money of the same.
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Appeal from the City Court of Anniston, in Equity. Heard before the Hon. B. F. Cassauy. The bill in this case was filed by A. P. Agee, as the receiver of the Anniston Savings & Deposit Company, against the Oxanna Building Association and H. S. Jewell; and sought to have a lien énforced upon a certain lot for the payment of the purchase-money of the same. The return of the sheriff upon the summons showed that it was “executed by handing the defendant H. S. Jewell a copy of the within on the 20th day of November, 1891, and by hand-, ing a copy to W. S. Larned, secretary and treasurer of the…
1Opinion of the CourtHead, J.
A decree pro confesso and final decree were rendered against appellant, a corporation, on service of the summons upon “W. S. Larned, Sec’ty and Treas’r of defendant,” without proof being made to the court that Larned was such officer at the time of the service. .The decree is reversed and cause remanded. See Oxanna Bldg. Association v. Agee, Rec’r, ante p.
Reversed and remanded.
2Cited by1 opinion
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