Talbot v. Braswell, 4 Div. 858
| Decision Date | 07 November 1957 |
| Docket Number | 4 Div. 858 |
| Citation | 266 Ala. 578,98 So.2d 7 |
| Parties | Charles TALBOT, Adm'r, v. Bessie BRASWELL, Ex'x. |
| Court | Alabama Supreme Court |
J. C. Fleming, Elba, for appellant.
S. Fleetwood Carnley, Elba, for appellee.
The original bill of complaint in this cause was filed by W. C. Braswell and Bessie Braswell against Charles Talbot, as administrator of the estate of H. C. Talbot, deceased.
Pending the proceedings in the lower court, W. C. Braswell died, and the cause was revived as to him in the name of Mrs. Bessie Braswell, executrix of the estate of W. C. Braswell, deceased.
The bill seeks to enjoin the respondent, Charles Talbot, as administrator, from foreclosing a certain mortgage executed by the complainants on November 27, 1933. The appeal is from a final decree of the Circuit Court of Coffee County, Alabama, in Equity, granting the relief prayed for and permanently enjoining the respondent from foreclosing the mortgage.
The original bill alleged inter alia that complainants executed a mortgage in the amount of $3,520 to H. C. Talbot, respondent's intestate, on November 27, 1933, upon certain described real estate; that the mortgage had been paid in full, and that complainants had been given a receipt by H. C. Talbot in which he so accepted payment in full of the mortgage indebtedness; that the respondent, as administrator of the estate of H. C. Talbot, deceased, had begun proceedings to foreclose said mortgage; that if complainants be mistaken the mortgage had been paid in full, and the court should find that said mortgage had not been paid, that complainants be permitted to redeem the real estate upon the payment of the balance found due on the mortgage. An appropriate prayer for relief is contained in the bill. Upon the institution of the proceedings, a temporary injunction was granted restraining the foreclosure of the mortgage.
The answer made by the respondent to the original bill, in essence, denied that the mortgage had been paid, but admitted that a receipt had been executed by H. C. Talbot during his lifetime (showing payment in full); but further alleged that when said receipt was executed by H. C. Talbot he was in such a state of mind from pain-relieving drugs as not to know the full import of any business transaction, and, therefore, said receipt is of no force and effect.
Complainants amended the original bill and alleged, in substance, that they had executed other mortgages to H. C. Talbot (other than the mortgage contained in the original bill), and that these other mortgages had also been paid. The amended bill contained further allegations to invoke estoppel and laches. Respondent's demurrer to the amended bill was sustained. Complainants again amended the bill and alleged, in substance, that all of the mortgages executed by complainants to H. C. Talbot had been paid; that complainants had continuously relied on the receipt which was issued to complainants under date of May 28, 1937; that for ten years preceding his death, in April 1947, the said H. C. Talbot never by word, act or conduct repudiated the receipt, or questioned same, or sought in any manner to avoid it; that since the death of H. C. Talbot in 1947, the respondent, Charles Talbot, had stood silently by, not making any claims on the said lands; that respondent is estopped to deny payment of the mortgage and estopped to deny that the receipt held by complainant is valid; and that respondent is guilty of laches in his assertion that the receipt was procured by fraud.
Respondent's demurrer to the bill of complaint as last amended was overruled and respondent filed his answer. In his answer respondent denied that the mortgage indebtedness involved in this suit had been paid. For further answer 'Respondent admits that a receipt was issued by H. C. Talbot to complainants' intestate, W. C. Braswell, but for answer, says that said receipt was given without consideration and that the said H. C. Talbot at the time he executed said receipt was sick and physically and mentally unable to understand a business transaction.'
Respondent further expressly denied that the complainants have continuously since the date of said receipt relied upon the same as being payment in full of said indebtedness, but to the contrary says that said W. C....
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First Nat. Bank of Birmingham v. Brown
...it will not be disturbed. Deese v. Odom, 283 Ala. 420, 218 So.2d 134; Butts v. Lancaster, 279 Ala. 589, 188 So.2d 548; Talbot v. Braswell, 266 Ala. 578, 98 So.2d 7; Lovelace v. McMillan, 265 Ala. 290, 90 So.2d 822. If under any reasonable aspect of the case, the decree is supported by credi......
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Brittain v. Ingram
...will not here be considered. State v. Farabee, 268 Ala. 437, 108 So.2d 148; McGehee v. Frost, 268 Ala. 23, 104 So.2d 905; Talbot v. Braswell, 266 Ala. 578, 98 So.2d 7. Accordingly Assignments 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 18, 19, 20, 21, 28, 29 and 30 will not be Assignments of Error 11, ......
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Crawford v. Espalla, 1 Div. 687
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