Winner, Klein Co. v. First Nat. Bank of Laurel

Appellee’s bill seeks the foreclosure of a mortgage averred to have been executed by appellants’ predecessors in title. Appellee’s bill avers its right as that of administrator with the will annexed of Jemmie P. Kirkland, deceased, who had survived her husband, D. L. Kirkland, mortgagee, by whom the land in suit had been devised to her. The appeal is from a decree overruling appellants’ demurrer to appellee’s bill.

A presumption of the payment of a mortgage debt arises after the lapse of twenty years, nothing to the contrary appearing. Goodwyn v. Baldwin, 59 Ala. 127. But this presumption can…