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:
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- 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:
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- 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:
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- 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.