Johnson v. Blair
Supreme Court of Alabama
Appeal from Colbert Chancery Court. Heard before Hon. W. H. Simpson. The bill was filed by Mrs. Kate M. Johnson (to foreclose a mortgage which had been executed to her by R. L. Ross. Ross’ only heir and devisee, Mrs. Blair, and her husband, H. W. Blair, who was administrator of Ross’ estate, were made parties .defendant.
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Appeal from Colbert Chancery Court. Heard before Hon. W. H. Simpson. The bill was filed by Mrs. Kate M. Johnson (to foreclose a mortgage which had been executed to her by R. L. Ross. Ross’ only heir and devisee, Mrs. Blair, and her husband, H. W. Blair, who was administrator of Ross’ estate, were made parties .defendant. The answer and plea set up a tender of the principal and interest due on the mortgage, and an agreemnt made by Blair with Mrs. Johnson by which it. ivas claimed, that she was estopped to claim attorney’s fees. The note secured by the mortgage contained a stipulation by which…
1Opinion of the CourtMcCLELLAN, C. J.
— It is of no consequence that H. W. Blair had not qualified as administrator of the estate of R. L. Ross at the time, a few days after Ross’ death, of his first interview with Mrs. Johnson. He was the husband of the only heir and distributee of the estate, he was properly looking after its affairs and he *130was recognized by Mrs. Johnson as representing the estate. The evidence satisfactorily shows that the debt owed by Ro>ss to Mrs. Johnson while maturing July 18, 1894, had been allowed to run along for five years after that, Ross paying the interest promptly year by year; and by this and…
2Cited by8 opinions
- Fried v. FisherSupreme Court of Pennsylvania · 1937
- Mazer v. Jackson Ins. AgencySupreme Court of Alabama · 1976
- Graddick v. First Farmers & Merchants Nat.Supreme Court of Alabama · 1984
- Carwile v. CrumpSupreme Court of Alabama · 1910
- Witherell v. KellyAppellate Division of the Supreme Court of the State of New York · 1921
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