Coyle v. Wilkins
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. In March, 1853, Henry McKibbin, who was then the . owner of the premises in controversy, being indebted to the .appellant, Coyle, for borrowed money, executed to him his promissory note for two hundred dollars, with a mortgage on the premises to secure its payment; which mortgage was-duly recorded soon after its execution.
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Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. In March, 1853, Henry McKibbin, who was then the . owner of the premises in controversy, being indebted to the .appellant, Coyle, for borrowed money, executed to him his promissory note for two hundred dollars, with a mortgage on the premises to secure its payment; which mortgage was-duly recorded soon after its execution. In August, 1856,. McKibbin made a payment of eighty dollars, which is admitted as a credit; and in the year 1857, died intestate, leaving the balance of the note wholly unpaid. Mary McKibbin, his widow,…
1Opinion of the CourtBrickell, C. J.
We have several decisions affirming the principle that a mortgagor, or his vendee with notice of' the mortgage, hold in subordination, and not adversely to-the mortgagee, and the possession of neither one, or the other, if unaccompanied by an open disclaimer of the title of the ■ mortgagee, brought home to his knowledge, will affect the validity of an alienation made by him; nor will it fall within the operation of the statute of limitations.—Foster v. Goree, 5 Ala. 424; Herbert v. Hanrick, 16 Ala. 581; Boyd v. Beck, 29 Ala. 703; Byrd v. McDaniel, 33 Ala. 18; Relfe v. Relfe, 34 Ala. 500.…
2Cases cited5 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Boyd v. BeckSupreme Court of Alabama · 1857
- Foster v. GoreeSupreme Court of Alabama · 1843
- Relfe v. RelfeSupreme Court of Alabama · 1859
- Byrd v. McDanielSupreme Court of Alabama · 1858
3Cited by43 opinions
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Hendley v. First Nat. Bank of HuntsvilleSupreme Court of Alabama · 1937
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Woods v. SandersSupreme Court of Alabama · 1946
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