130 Ala. 318 | Ala. | 1900
Lead Opinion
If it be judged alone by what appears on its face, tbe mortgage exhibited in the bill and sought
That the decree in case of foreclosure might be certain in respect of the property upon which it is to operate, it is proper for the bill to allege a true description of the land and its identity with the land mentioned in the mortgage. That having been done, it is immaterial that the particular facts depended on to establish the identity are not alleged in the pleading. There is no repugnancy between the description set out in the body of this bill and that contained in the mortgage; therefore, to make them conform by proof involves no contradiction or variance of the latter.
The question of whether defendants alleged to have purchased portions of the property are chargeable with
Decree affirmed.
Dissenting Opinion
dissent, holding that the bill shows a wholly indefinite description in the mortgage, and fails to allege any fact 'by which the description could be rendered definite.