Kindred v. New England Mortgage Security Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellant, Gracie E. Kindred, against the appellee, the New England Mortgage Security Company, to remove a cloud on the title to the land of the complainant, by reason of a mortgage executed by herself and husband, E. B. F. Kindred, thereon, and the sale thereunder at which the respondent became the purchaser.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellant, Gracie E. Kindred, against the appellee, the New England Mortgage Security Company, to remove a cloud on the title to the land of the complainant, by reason of a mortgage executed by herself and husband, E. B. F. Kindred, thereon, and the sale thereunder at which the respondent became the purchaser. The mortgage wuis made an exhibit to the bill and showed that it was executed by E. B. F. Kindred and the complainant, his wife, to the New England Mortgage Security…
1Opinion of the CourtHead, J.
The bill was filed in this case to set aside the mortgage made by E. B. F. Kindred and the complainant, his wife, to the appellee, after the mortgage had been .foreclosed and the appellee had become the absolute owner of the premises. In such case, under our decisions, the objection cannot be raised that the appellee was a foreign corporation at the time of the execution of the mortgage, and did not have in this State a known place of business and an authorized agent or agents therein. — Farrior v. New England Mort. Security Co., 88 Ala. 275; Gamble v. Caldwell, 98 Ala. 577.
It is unquestioned…
2Cases cited2 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Gamble v. CaldwellSupreme Court of Alabama · 1893
3Cited by8 opinions
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Hardison v. PlummerSupreme Court of Alabama · 1907
- Alexander v. LivingstonSupreme Court of Alabama · 1921
- Smith v. Arrow Transp. Co., Inc.Supreme Court of Alabama · 1990
- A. J. Cranor Co. v. MillerSupreme Court of Alabama · 1906
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