Cahall v. Citizens Mutual Building Ass'n
Supreme Court of Alabama
Appeals from Circuit Court of Mobile. Tried before Hon. H. T. Totjlmin. These cases involved the same questions, and were argued and submitted together. Cahall v. Citizens Mutual Building Association. This was a real action in the nature of ejectment brought by the appellee, “The Citizens Mutual Building Association,” a domestic corporation, against the appellant, Green B. Cahall, to recover certain premises in the city of Mobile.
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Appeals from Circuit Court of Mobile. Tried before Hon. H. T. Totjlmin. These cases involved the same questions, and were argued and submitted together. Cahall v. Citizens Mutual Building Association. This was a real action in the nature of ejectment brought by the appellee, “The Citizens Mutual Building Association,” a domestic corporation, against the appellant, Green B. Cahall, to recover certain premises in the city of Mobile. The case was tried on the pleas of nul iiel corporation, and the general issue, and resulted in verdict and judgment for the plaintiff. On the trial, the plaintiff…
1Opinion of the CourtBbickell, C. J.
These causes, involving the same questions, were argued and submitted together. The assignments of error, relatingto the admission of evidence, the giving and refusal of instructions to the. jury, present the same questions — the corporate existence of the appellee, its capacity to hold real estate otherwise than by way of mortgage, or as security for debt, and the sufficiency of the conveyance under which the appellee deduces title to the premises in controversy, to pass the homestead of the grantor.
The conveyance is made directly to the appellant by its corporate name. The general rule is,…
2Cases cited7 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Marion Savings Bank v. DunkinSupreme Court of Alabama · 1875
- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Webb v. RitterWest Virginia Supreme Court · 1906
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
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