Williamson v. Shoults

• Decision Date: 24 November 1982
• Citation: 423 So.2d 874
• Parties: B.E. WILLIAMSON v. Carolyn Markham SHOULTS, as Executrix of the estate of Gladys C. Williamson, deceased; and Carolyn Markham Shoults, individually. Civ. 3482.
• Court: Alabama Court of Civil Appeals

Page 874

423 So.2d 874

B.E. WILLIAMSON v. Carolyn Markham SHOULTS, as Executrix of the estate of Gladys C. Williamson, deceased; and Carolyn Markham Shoults, individually.

Civ. 3482.

Court of Civil Appeals of Alabama.

Nov. 24, 1982.

Hartwell Davis, and Karl B. Benkwith, Jr. of Jones, Murray, Stewart & Yarbrough, Montgomery, for appellant.

Edward B. Parker, II, of Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, for appellee.

WRIGHT, Presiding Judge.

This is an appeal from an order of the trial court granting summary judgment for appellee, Carolyn Markham Shoults, against appellant, B.E. Williamson. The case arose from the following facts:

Plaintiff (appellant) Williamson married Gladys C. Williamson in 1945. Both had been married once before, and both had children by previous marriages. Mrs. Williamson had four children by her previous marriage. Mr. Williamson had one. The couple remained married until Mrs. Williamson's death January 4, 1981. Carolyn Markham Shoults, one of Mrs. Williamson's children, was named executrix of her mother's estate under the terms of the will. The will left everything to Mrs. Williamson's children. The piece of real estate involved in this case is a house and lot located in Montgomery, Alabama, left to the defendant Shoults.

On April 13, 1960, more than twenty years before her death, Williamson loaned his wife $5,500, evidenced by a promissory note secured by a mortgage on the house and lot. The note provided for quarterly payments on the principal of $137.50. Interest at six percent on the remaining balance was due with each payment. The interest for the first quarter in the amount of $82.50 was withheld from the loan check.

When the first payment became due on July 13, 1960, the couple had a brief discussion wherein, according to Mr. Williamson his wife said she didn't know whether she wanted to pay it or not. Mr. Williamson asked her to pay but did not pursue the matter any further, nor did he discuss the matter of the mortgage again until he filed this suit September 23, 1981, several months after her death.

The suit began with a claim for collection of the note. Williamson subsequently advertised foreclosure of the mortgage. He also filed claims in the estate claiming homestead rights in the home where he and his wife resided. All these matters were subsequently consolidated in circuit court. There, after discovery, motions for summary judgments were filed by each side.

The trial court, after consideration of the pleadings, briefs, depositions, affidavits, exhibits, and argument of counsel, entered summary judgment for Mr. Williamson on four of five issues. Issue five related to the only disputed item and the only issue presently on appeal--the enforceability of the note and mortgage. On this issue the court granted summary judgment for Mrs. Shoults, stating that "equitable principles are controlling in determining this issue." This order granted Mrs. Shoults' motion for summary judgment, wherein she asserted as grounds for the granting of the motion that the equitable doctrine of laches applied. It is from this order granting that motion that Williamson appeals.

On appeal from granting of summary judgment, this court looks to the same factors which the trial court considered in ruling on the motion. Green v. Blue Cross-Blue Shield of Alabama, 358 So.2d 466 (Ala.Civ.App.1978). Therefore we must consider whether the trial court correctly applied the doctrine of laches to the facts of the present case. Bromberg v. First National Bank of Mobile, 235 Ala. 226, 178 So. 48 (1938).

Laches is a doctrine of equity. In speaking of the doctrine, Chief Justice Taney said in the case of McKnight v. Taylor, 42 U.S. (1 How.) 161, 168, 11 L.Ed. 86 (1843):

"We do not found our judgment upon the presumption of payment; for it is not merely on presumption of payment or in analogy to the statute of limitations that a court of chancery refuses to lend its aid to stale demands. There must be conscience, good faith and reasonable diligence to call into action the powers of the court. In matters of account, where they are not barred by the act of limitations, courts of equity refuse to interfere after a considerable lapse of time, from considerations of public policy, and from the difficulty of doing entire justice, when the original transactions have become obscure by the lapse of time and the evidence may be lost."

The above quotation appeared in the opinion of the Alabama Supreme Court in the case of Salmon, Administrator v. Wynn, Administrator, 153 Ala. 538, 45 So. 133 (1907), and was repeated in that court's opinion in Creel v. Baggett Transportation Co., 284 Ala. 47, 221 So.2d 683 (1969). The court in Creel also repeated other statements and quotations from Salmon such as:

"The principle [principal] foundations of the doctrine are acquiescence and lapse of time. But other circumstances will be taken into consideration. Thus it is material circumstance that the claim is not made until after the death of him who could have explained the transaction. (Citations omitted.) It has been well said by Davis, J., in McQuiddy v. Ware, 20 Wall. (U.S.) 14, 19, 22 L.Ed. 311: 'There is no artificial rule on such a subject, but each case as it arises must be determined by its own particular circumstances.' In other words, it would seem that the question is addressed to the sound discretion of the chancellor in each case."

It is the contention of the appellant, Williamson, that mere laches within the statute of limitation of the cause of action is not a bar. He contends that the action on the note and foreclosure of the mortgage were brought within the six-year statute of limitation from the maturity date of the note. He presents that maturity date as October 23, 1975. The note is before us and we find its maturity date to be otherwise.

We have previously noted that the note and mortgage were executed on April 13, 1960, in the principal amount of $5,500. Payments of $137.50 were to be made quarterly thereafter with interest at six percent per annum payable on the remaining unpaid balance at each payment...