129 So. 472 | Ala. | 1930
The suit is in detinue by the mortgagee against the mortgagor for recovery of personalty embraced in a mortgage of May 13, 1927. The assignments of error here argued relate to the matter of description of the property embraced in the mortgage.
"Generality and indefiniteness in the description of the property are not sufficient to avoid a mortgage. There must be uncertainty, which remains after the mortgage has been interpreted in the light of the attendant circumstances, the clear intent of the parties being regarded." Smith v. Fields,
As between the parties to the transaction, the mortgagor and mortgagee, the rule of certainty in description is not so exacting as when a third party is involved. Such was the holding of this court in Wood v. West Pratt Co.,
The recovery in this case was confined to cotton, cotton seed, and corn, and one black mare mule. That the crops were grown on land owned and possessed by the mortgagor in Limestone county the year of the execution of the mortgage is not controverted. Lon Sims v. United Auto Supply Co. (Ala. Sup.)
These authorities also demonstrate the sufficiency of the general description to embrace the mules then owned and in possession of the mortgagor, with particular reference to Davis v. Elba Bank Trust Co., supra.
The case of Stewart v. Clemens,
The case of Brooks v. Bank of Wetumpka,
It appears the mortgagor had sixteen mules in his possession at the time of the execution of the mortgage, and following the general description are the words, "also the following described property, to-wit, twelve mules — all farming tools and implements and wagons." Conceding the insufficiency of the description "twelve mules" under these circumstances, the conveyance of the property under the general description is not affected thereby. 5 R.C.L. p. 425; Harding v. Coburn, 12 Metc. (Mass.) 333, 46 Am. Dec. 680 and note.
Appellant insists the judgment for the one black mare mule following the verdict of like description is insufficient to such extent and that the same should be reversed therefor. We are cited to Alexander v. Wheeler,
In the instant case nothing whatever was done to call the matter to the trial court's attention. Upon this appeal this court exercises appellate jurisdiction only in reviewing the rulings of the trial court. The argument of counsel in this regard may bear relation to the execution of the judgment, but nothing in respect thereto is here presented for review.
We find no reversible error. Let the judgment be affirmed.
Affirmed.
ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.