Legal Opinion

Lake v. Security Loan Ass'n

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 17 opinions

Appeal from tbe Chancery Court of Mobile. Heard before the Hon JohN A. FosteR. The original bill in this case was filed on the 5th January, 1882, by Thomas H. Lake, against the Security Loan Association, a domestic corporation organized under the general statute (Code, §§ 1937-43) in June, 1873; and sought an account and redemption under a mortgage, which the complainant had executed to secure a loan made to him by the association, and to enjoin a sale of the mortgaged…

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Appeal from tbe Chancery Court of Mobile. Heard before the Hon JohN A. FosteR. The original bill in this case was filed on the 5th January, 1882, by Thomas H. Lake, against the Security Loan Association, a domestic corporation organized under the general statute (Code, §§ 1937-43) in June, 1873; and sought an account and redemption under a mortgage, which the complainant had executed to secure a loan made to him by the association, and to enjoin a sale of the mortgaged property under a power in the mortgage. Copies of the constitution, or declaration of incorporation, and of the by-laws of…

1Opinion of the CourtStone, J.

Most of the questions raised by the amended bill were considered and decided by us, when this case was before us at a former term.—Security Loan Association v. Lake, 69 Ala. 456. We will not repeat what we then said.. The frame of the amended bill is objectionable, in that it is,, in large degree, argumentative.

One clause in the amendment seeks to raise a question not sufficiently charged in the original bill, and hence not considered on the former hearing. Its language is: “ Tour orator shows that the purpose of obtaining the 20 [25 ?] shares of stock in the outset was to enable him to…

2Cases cited1 opinion

  1. Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881

3Cited by17 opinions

  1. Manning v. PippenSupreme Court of Alabama · 1888
  2. William S. Kaye, as Receiver for Barterline, Ltd. v. Pawnee Construction Company, Inc., Birmingham Trust National BankCourt of Appeals for the Eleventh Circuit · 1982
  3. Bryant Bank v. Talmage Kirkland & Co.Supreme Court of Alabama · 2014
  4. Montgomery Southern Railway Co. v. MatthewsSupreme Court of Alabama · 1884
  5. Lawson v. CagleSupreme Court of Alabama · 1987

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