Bailey v. Butler
Supreme Court of Alabama
Appeal from the City Court of Talladega, in Equity. Heard before the Hon. G. K. Miller. The bill in this case was filed on October 3d, 1902, by the appellee, George Butler against appellants, John IT.
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Appeal from the City Court of Talladega, in Equity. Heard before the Hon. G. K. Miller. The bill in this case was filed on October 3d, 1902, by the appellee, George Butler against appellants, John IT. Bailey and liis 'wife, M. L. Bailey, for the purpose of foreclosing a mortgage, It was averred in the bill that on December 24th, 1890, the defendants executed a bond payable to the complainant one day after date for eight hundred and eighty-four dollars and sixty-five cents; that on said bond defendants had paid on February 20th, 1900, a credit of three dollars and seventy cents; that on July…
1Opinion of the CourtSharpe, J.
The statute of limitations does not operate to prevent the foreclosure of a mortgage on lands. It is only when the mortgage debt has been due for a time sufficient to raise a presumption that, the same has been satisfied that mere delay will furnish a defense to a bill for such foreclosure, and that time is ordinarily twenty years. — Coyle v. Wilkins, 57 Ala. 108; Cook v. Parham, 63 Ala. 456; Goodwin v. Baldwin, 59 Ala. 127; Ohmer v. Boyer, 89 Ala. 273.
The bill in this cause shows that of the two debts secured by the mortgage sought to be foreclosed, one is evidenced by a bond or instrument…
2Cases cited4 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Goodwyn v. BaldwinSupreme Court of Alabama · 1877
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
3Cited by15 opinions
- Thompson v. CollierSupreme Court of Alabama · 1911
- Hendley v. First Nat. Bank of HuntsvilleSupreme Court of Alabama · 1937
- Merrimon v. ParkeyTennessee Supreme Court · 1916
- Hendley v. First Nat. Bank of HuntsvilleSupreme Court of Alabama · 1937
- Spencer v. HurdSupreme Court of Alabama · 1918
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