Walker v. Baker
Supreme Court of Alabama
Appeal from Escambia Chancery Court. Heard before Hon. Oscar S. Lewis. Bill by J. W. Baker against A. E. Walker, as Superintendent of Banks, and another. Decree for complainant, and defendant ■ Walker appeals.
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Appeal from Escambia Chancery Court. Heard before Hon. Oscar S. Lewis. Bill by J. W. Baker against A. E. Walker, as Superintendent of Banks, and another. Decree for complainant, and defendant ■ Walker appeals. Bill by appellee against A. E. Walker, as superintendent of banks, and the People’s Bank & Trust Company of Atmore, Ala., seeking to have canceled as a cloud on title a mortgage and foreclosure deed executed by complainant and his wife to the said bank and trust company. The bill shows that on January 12, 1914, complainant owned and occupied as a homestead the real estate in the town of…
1Opinion of the Court
GARDNER, J.(1) The bill in this case shows that the separate acknowlédgment of the wife to the mortgage sought to be canceled as a cloud on title was taken by one who was an officer and stockholder of the corporation to which the mortgage was executed. It has been held by this court that on direct attack such a mortgage will be declared invalid. — Hayes v. So. B. & L. Ass’n, 124 Ala. 663, 26 South. 527, 82 Am. St. Rep. 216.(2) It is also well settled that as a general rule one seeking the cancellation of such a conveyance as a cloud on title will be *312required, under the maxim that “he who…
2Cases cited4 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Coburn v. CokeSupreme Court of Alabama · 1915
- Jenkins v. Jonas Schwab Co.Supreme Court of Alabama · 1903
3Cited by9 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Sumners v. JordanSupreme Court of Alabama · 1930
- Newton v. WareSupreme Court of Alabama · 1960
- Frkovich v. PetranovichNew Mexico Supreme Court · 1944
- Montgomery v. Parker Bank & Trust Co.Supreme Court of Alabama · 1951
4 more not listed; retrieve them via the Exa API.