Sugg v. Davis

This is the second appeal in this case. Davis v. Sugg, 215 Ala. 93, 109 So. 745. In the former appeal it appeared in the pleadings that the mortgage by Darwin to plaintiff was executed April 23, 1919, that the debt secured by it was due November 1, 1919, and defendant secured possession of the mortgaged property September 25, 1924. The plea was the statute of limitation of three years, under Acts 1915, p. 142. This Act of 1915 fixing limitations for such action' as is here involved was repealed September 28, 1923 (Acts 1923, p. 728). The statute under the above facts as pleaded did not…