Federal Land Bank of New Orleans v. Crosland
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OP ALABAMA. * Error to a judgment of the Supreme Court of Alabama which reversed a judgment of the State Circuit Court, in mandamus, requiring a state recording officer to record a mortgage without exacting the statutory tax. If the recording and registration statutes of Alabama be void, then defendant in error had no authority, and consequently no duty was imposed upon him, to register or record the mortgage tendered him.
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ERROR TO THE SUPREME COURT OE THE STATE OP ALABAMA. * Error to a judgment of the Supreme Court of Alabama which reversed a judgment of the State Circuit Court, in mandamus, requiring a state recording officer to record a mortgage without exacting the statutory tax. If the recording and registration statutes of Alabama be void, then defendant in error had no authority, and consequently no duty was imposed upon him, to register or record the mortgage tendered him. If the legislative of Alabama has the authority to establish and provide a system of registering and recording instruments…
1Opinion of the CourtJustice Holmes
This is a petition for a writ of mandamus to require the recording officer of Montgomery County, Alabama, to record a first mortgage deed on receiving the fee for recording the same, without payment' of an additional sum of fifteen cents for each one hundred dollars of the principal sum secured. The General Revenue Act of the State, approved September 15, 1919, by § 361, Schedule 71, [Acts 1919, p. 420] provides that no mortgage shall be received for record “unless the following privilege or license taxes shall have been paid upon such instrument before the same shall be offered for record,…
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- Louisville Gas & Electric Co. v. ColemanSupreme Court of the United States · 1928
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