Simpson v. James R. Crowe Post No. 27, Am. Legion

Full title:SIMPSON v. JAMES R. CROWE POST NO. 27, AMERICAN LEGION

Court:Supreme Court of Alabama

CASE NO: 8 Div. 634.

Date published: Jun 6, 1935

  • Fact:
    • J. F. Simpson sought to permanently enjoin the James R. Crowe Post No. 27, American Legion, from foreclosing a mortgage on his property.
    • Simpson alleged that there was a conspiracy to transfer the mortgage to the American Legion for the purpose of foreclosing and acquiring his property.
    • The American Legion, even as a voluntary association, received the assignment of the mortgage and demanded payment of the debt.
  • Issue:
    • Whether the American Legion had the legal capacity to receive the assignment of the mortgage and demand payment of the debt.
    • Whether Simpson’s allegations of usury and conspiracy were proven.
    • Whether the foreclosure decree was valid despite the absence of the legal holder of the mortgage, Mrs. Brabson, as a party to the case.
  • Decision:
    • The court found that the American Legion, even as a voluntary association, had the legal capacity to receive the assignment of the mortgage and demand payment of the debt.
    • Simpson failed to prove his allegations of usury and conspiracy.
    • The court determined the amount of the mortgage debt and ordered Simpson to pay this amount within thirty days to redeem the property.
    • The court invalidated the foreclosure decree due to the absence of Mrs. Brabson, the legal holder of the mortgage, as a party to the case.
    • The court dismissed the American Legion’s cross-bill for foreclosure but allowed them to pursue foreclosure through other means.
    • The court affirmed that the decree was final and could support an appeal.

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