Coburn v. Coke
Supreme Court of Alabama
Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Ella Coburn and others against Rosser J. Coke as trustee and others, to quiet title to land. From a decree denying relief and dismissing the bill complainants appeal.
1Opinion of the CourtThomas, J.
This appeal presents the question whether a mortgagor, a citizen of this state, can obtain a loan from a foreign corporation that has not complied with the law authorizing such corporation to do business in the state, and then maintain a bill to cancel the mortgage, on the ground that the same is void, without offering to do equity by a return of the money received. Will a bill to quiet title under sections 5443-5449 of the Code of 1907, in such a case, relieve the mortgagor of the requirement to do equity by restoring the money secured by the mortgage?
The bill alleges that appellants are in…
2Cases cited24 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Friedlander Bros. v. DealSupreme Court of Alabama · 1928
- Sumners v. JordanSupreme Court of Alabama · 1930
25 more not listed; retrieve them via the Exa API.