Goodwyn v. Baldwin
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. HuRIOSCO Austill. The facts appear in the opinion. 1. No authorities go to the extent ofsaying that the administrator of a deceased mortgagor is not a proper party to a bill of foreclosure. ' If the mortgagee chooses to proceed for an account he may, and the better opinion would seem to be, he must make the -personal representative a party. 5 Ala. 158. As to the statute of non-claim, the law expressly…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. HuRIOSCO Austill. The facts appear in the opinion. 1. No authorities go to the extent ofsaying that the administrator of a deceased mortgagor is not a proper party to a bill of foreclosure. ' If the mortgagee chooses to proceed for an account he may, and the better opinion would seem to be, he must make the -personal representative a party. 5 Ala. 158. As to the statute of non-claim, the law expressly declares it must be taken advantage of by a special plea. — 2 Ala. 382. But there seems to be such manifest error in the…
1Opinion of the Court
STONE, J. —
In McArthur v. Carrie, 32 Ala. 75, the question of lapse of time and long acquiescence was pretty fully considered. Many authorities were cited; and some of them commented on. The principle there asserted has been followed, and has become a rule of decision in this court. — See Austin v. Jordan, 35 Ala. 642; Coyle v. Wilkins, 56 Ala. 108. The substance of the principle is, that if parties allow twenty years to elapse without taking any steps to compel a settlement, or to assert rights of property, the presumption of payment, or settlement of the disputed title arises. We have no…
2Cases cited3 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Austin v. JordanSupreme Court of Alabama · 1860
- Todd v. Flournoy's Heirs & Adm'rSupreme Court of Alabama · 1876
3Cited by28 opinions
- Semple v. GlennSupreme Court of Alabama · 1890
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Philippi v. PhilippeSupreme Court of the United States · 1885
- Philippi v. PhilippiSupreme Court of Alabama · 1878
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
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