Scott v. Scott
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Bill by Mary A. Scott against W. H. Scott and others. Decree sustaining demurrer to the bill, and plaintiff appeals.
1Opinion of the CourtMatfield, J.
Appellant filed her bill to foreclose a deed of trust. The bill was filed 31 years after the mortgage was executed. The mortgagors and the trustee were all dead before the bill was filed. Whether the original beneficiaries are dead does not appear. The complainant acquired no interest in the deed of trust until 13 years after its execution, nor until after the death of one of the grantors and her marriage to the other. She took no steps to collect the debt secured, or to foreclose the deed of trust, for 18 years, nor until after the death of her husband, the other grantor. No reason is shown…
2Cases cited14 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Semple v. GlennSupreme Court of Alabama · 1890
- Garrett v. GarrettSupreme Court of Alabama · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Boshell v. KeithSupreme Court of Alabama · 1982
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Oxford v. EstesSupreme Court of Alabama · 1934
- Patterson v. WeaverSupreme Court of Alabama · 1927
30 more not listed; retrieve them via the Exa API.