Aycock Bros. Lumber Co. v. First National Bank
Supreme Court of Florida
Statement. In May, 1906, the appellee, as complainant below, filed the following bill of complaint in equity, with the. exhibits “A,” and “B,” thereto attached, in the circuit court of Jackson county, against the appellant, as defendant below: “The bill of complaint of the First National Bank of Dothan against Aycock Brothers Lumber Company, alleges : 1. That the complainant is a corporation organized and doing business under authority of the act of congress authorizing the…
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Statement. In May, 1906, the appellee, as complainant below, filed the following bill of complaint in equity, with the. exhibits “A,” and “B,” thereto attached, in the circuit court of Jackson county, against the appellant, as defendant below: “The bill of complaint of the First National Bank of Dothan against Aycock Brothers Lumber Company, alleges : 1. That the complainant is a corporation organized and doing business under authority of the act of congress authorizing the organization of national banks, and is located in the city of Dothan, Alabama; 2. That the defendant is a corporation…
1Opinion of the Court
Taylor, J.,
(after, stating the facts.) — It is contended here in support of the first, third and fourth grounds of the defendant’s demurrer to the bill, the Overruling of which is assigned as error, that the payee of the note D. C. Carmichael never having transferred the legal title to the properties for the purchase-money of which said note was given, but only having executed a contract to convey the legal title when said note was paid, that it is in no sense a mortgage that is subject to foreclosure; that the defendant maker of said note had no title to the property that he could encumber…
Also in this document: Concurrence.
2Cases cited10 opinions
- Conner v. BanksSupreme Court of Alabama · 1850
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Stevens v. ChadwickSupreme Court of Kansas · 1872
- Robinson v. AppletonIllinois Supreme Court · 1888
- Wolffe v. NallSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Alabama-Florida Co. v. MaysSupreme Court of Florida · 1933
- Tingle v. HornsbyDistrict Court of Appeal of Florida · 1959
- Mullan v. Bk. of Pasco Co.Supreme Court of Florida · 1931
- Miami Bond Mtg. Co. v. Bell Et Ux.Supreme Court of Florida · 1931
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