Legal Opinion

Mullens v. American Freehold Land Mortgage Co.

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 7 opinions

Appeal from the Chancery Court of Pickens. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 10th July, 1889, by the “American Freehold Land Mortgage Company of London,” a foreign corporation, against John R. Mullens and his wife; and sought to foreclose a mortgage on a tract of land.

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Appeal from the Chancery Court of Pickens. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 10th July, 1889, by the “American Freehold Land Mortgage Company of London,” a foreign corporation, against John R. Mullens and his wife; and sought to foreclose a mortgage on a tract of land. The mortgage, a copy of which, with the notes secured by it, was made an exhibit to the bill, was dated April 7th, 1886, and conveyed a tract of land in said county of Pickens, as security for the repayment of $1,200, money loaned. The bill alleged that the complainant “was duly…

1Opinion of the CourtClopton, J.

The appellee, the American Freehold Land Mortgage Company of London, is a foreign corporation, duly incorporated under the laws of Great Britian, and files the bill to foreclose a mortgage executed by appellant, on certain lands in the county of Pickens, in this State. The averment of the bill is, that complainant has complied with the laws of the State of Alabama, which authorize a foreign corporation to do business in this State. Construing the bill most strongly against complainant, it shows with sufficient certainty that the notes and mortgage were executed and delivered in Alabama. In…

2Cited by7 opinions

  1. Taber v. Interstate Building & Loan Ass'nTexas Supreme Court · 1897
  2. Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889
  3. Ex Parte Western Union Telegraph Co.Supreme Court of Alabama · 1917
  4. Ginn v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
  5. State v. Bristol Savings BankSupreme Court of Alabama · 1895

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