Brown v. Scott
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K McSpadden. The bill in this case was filed on the 10th March, 1886, by Amelia C. and Lula D. Brown, the partners composing the firm of Rowan, Dean & Co., and Isaac L. Swan as trustee, against W. S. Scott, Winfield Scott and others, heirs at law of William Scott, deceased; and sought the foreclosure of two mortgages, or deeds of trust in the nature of mortgages, executed by said William Scott to Swan as…
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K McSpadden. The bill in this case was filed on the 10th March, 1886, by Amelia C. and Lula D. Brown, the partners composing the firm of Rowan, Dean & Co., and Isaac L. Swan as trustee, against W. S. Scott, Winfield Scott and others, heirs at law of William Scott, deceased; and sought the foreclosure of two mortgages, or deeds of trust in the nature of mortgages, executed by said William Scott to Swan as trustee, to secure two notes due to Rowan, Dean & Co. The mortgages and secured notes were transferred by Rowan, Dean &…
1Opinion of the CourtClopton, J.
Appellants, as transferrees, seek by the bill to foreclose two deeds of trust in the nature of mortgages, which were executed by William Scott, — one on January 18, 1875, and the other April 7, 1877, to secure the payment of two notes made by him to Bowan, Dean & Co. The grantor died in 1878. On May 9, 1879, Bowan, Dean & Co. transferred the deeds of trust, and delivered the notes, to Winfield Scott, who transferred them, June 23, 1882, to complainants, as collateral security for borrowed money. The execution of the conveyances, the justness of the debts, and the transfers, are not…
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