Legal Opinion
Scott v. Thomas
Supreme Court of Alabama
Decided June 12, 1924No. 7 Div. 455PublishedCited by 11 opinions
1Opinion of the CourtThomas, J.
The decree appealed from required reformation of the description of lands mortgaged, and a foreclosure was ordered to enforce payment of the debt secured thereby.
The general rule as to erroneous description of property as contained in a mortgage is stated in 27 Cyc. p. 1209, as follows:
“If the description of the property in a mortgage wholly fails to identify that intended to be incumbered, or by mistake is so expresed as to be applicable only to a different tract or lot, so that it could not be enforced without invoking the aid of a court of equity to reform it, the record of it is not…
2Cases cited14 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- First National Bank v. Hacoda Mercantile Co.Supreme Court of Alabama · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Frank Nelson, Jr. And Lee Etta Nelson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960
- Phoenix Mut. Life Ins. v. Kingston Bank & Thust Co.Tennessee Supreme Court · 1938
- In Re HagendorferCourt of Appeals for the Eleventh Circuit · 1986
- First Southern Bank v. Stanphill (In Re Stanphill)United States Bankruptcy Court, N.D. Alabama · 2004
- Estes Lumber Co. v. Investors' SyndicateSupreme Court of Alabama · 1931
6 more not listed; retrieve them via the Exa API.