Legal Opinion

Elsberry v. Boykin

Supreme Court of Alabama

Decided November 15, 1880PublishedCited by 32 opinions

Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the 15th August, 1879, by Frank Boykin, against the personal representative and heirs-at-law of Ben. H. Elsberry, deceased; and sought the foreclosure of a mortgage, a copy of which was made an exhibit to the bill, in the following words : “ State of Alabama, Lowndes County.

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Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the 15th August, 1879, by Frank Boykin, against the personal representative and heirs-at-law of Ben. H. Elsberry, deceased; and sought the foreclosure of a mortgage, a copy of which was made an exhibit to the bill, in the following words : “ State of Alabama, Lowndes County. Whereas, I am indebted to Frank Boy-kin, of Wilcox, in this State, in the sum of three thousand dollars, for mon’ey loaned to me on the 1st day of iS'ovember, 1866, and which is now due to him, and which I…

1Opinion of the CourtBeickell, C. J.

— There are several points raised by the assignments of error, the more material of which respect the delivery of the mortgage sought to be foreclosed, and, if there was delivery, the operation of the statute of limitations on the right of foreclosure. These do not depend upon any controverted questions of fact, and are to be decided without reference to any of the evidence which was the subject of exception, either because of the ineompetency of the witnesses, or upon any other ground ; and if these points are resolved in favor of the appellee, it is unnecessary to pass upon any other…

2Cases cited3 opinions

  1. Boyd v. BeckSupreme Court of Alabama · 1857
  2. Warren v. President of JacksonvilleIllinois Supreme Court · 1853
  3. Stewart v. ReddittCourt of Appeals of Maryland · 1852

3Cited by32 opinions

  1. Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
  2. Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
  3. Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
  4. Hendley v. First Nat. Bank of HuntsvilleSupreme Court of Alabama · 1937
  5. Low v. LowSupreme Court of Alabama · 1951

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