43 So. 968 | Ala. | 1907
The bill is filed for the purpose of redeeming real estate sold under the power contained in a mortgage. The mortgage was executed to a corporation, and the acknowledgment thereto Avas taken by a notary public, who was, at the time, the general counsel for and a stockholder of the corporation mortgagee. That such an acknowledgment is void-has been distinctly held by this court, and the proposition is conceded by both the parties to this litigation. — Hayes v. Sou. Home B. & L. Assn, 124 Ala. 663, 26 South. 527, 82 Am. St. Rep. 216.
But it is contended by the respondent in the bill (ap
No other propositions have been discussed in briefs of counsel. It results, from what has been said, that the decree of the city court, dismissing the hill for want of equity, must be affirmed.