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

  1. Gill v. MoreSupreme Court of Alabama · 1917
  2. Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
  3. Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
  4. Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
  5. 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

  1. Frank Nelson, Jr. And Lee Etta Nelson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960
  2. Phoenix Mut. Life Ins. v. Kingston Bank & Thust Co.Tennessee Supreme Court · 1938
  3. In Re HagendorferCourt of Appeals for the Eleventh Circuit · 1986
  4. First Southern Bank v. Stanphill (In Re Stanphill)United States Bankruptcy Court, N.D. Alabama · 2004
  5. Estes Lumber Co. v. Investors' SyndicateSupreme Court of Alabama · 1931

6 more not listed; retrieve them via the Exa API.

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