Maddox v. Wood
Supreme Court of Alabama
Appeal, from Birmingham City Court. Heard before Hon. Chas. A. Senn. Bill by Elizabeth Maddox and another against Martha Wood, to redeem land from mortgage foreclosure sale. From a decree dismissing the bill, complainants appeal.
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Appeal, from Birmingham City Court. Heard before Hon. Chas. A. Senn. Bill by Elizabeth Maddox and another against Martha Wood, to redeem land from mortgage foreclosure sale. From a decree dismissing the bill, complainants appeal. The allegations of the bill are that T. H. Maddox died intestate on February 1,1905, and that the complainants are heirs at law of said Maddox, being widow and only child; that on the 24th. day of June, 1897, Maddox executed and delivered to the National Guaranty Loan & Trust Company, a mortgage, or what purported to- be a mortgage, on the property described in the…
1Opinion of the CourtDenson, J.
The bill is filed for the purpose of redeeming real estate sold under the power contained in a mortgage. The mortgage was executed to a corporation, and the acknowledgment thereto Avas taken by a notary public, who was, at the time, the general counsel for and a stockholder of the corporation mortgagee. That such an acknowledgment is void-has been distinctly held by this court, and the proposition is conceded by both the parties to this litigation. — Hayes v. Sou. Home B. & L. Assn, 124 Ala. 663, 26 South. 527, 82 Am. St. Rep. 216.
But it is contended by the respondent in the bill (ap*159pellee)…
2Cases cited7 opinions
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Irwin v. EversonSupreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Italo-Petroleum Corporation of America v. HanniganSupreme Court of Delaware · 1940
- Peagler v. DavisSupreme Court of Georgia · 1915
- Saranac Mach. Co. v. HeywardCourt of Appeals for the Fifth Circuit · 1923
- Exchange National Bank v. Pearsons-Taft Co.Supreme Court of Georgia · 1924
- Pruett v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1935
1 more not listed; retrieve them via the Exa API.