Hinesley v. Davidson

I respectfully dissent.

Generally, in a suit for possession of land brought by a remainderman, neither the defense of laches nor the running of the statute of limitations, during pendency of the life estate, is available to the defendant. Hammond v. Shipp, 292 Ala. 113, 289 So.2d 802 (1974). An exception to the rule, however, was thoroughly discussed in Duncan v. Johnson, 338 So.2d 1243 (Ala.1976). For the following reasons, I believe the instant case falls squarely within the exception.

I

In Alabama, a mortgage operates in law as a conveyance, transferring to the mortgagee the estate of the…