43 So. 858 | Ala. | 1907
The thial court erred in refusing charge 1, requested by the plaintiff. If D. P. Mitchell OAvned the mare Avhen he executed the mortgage to the plaintiff, the plaintiff thereby acquired title to her and should have recovered in the court below. The defendant was not a purchaser, under section 1009 of the Code of 1896, notwithstanding plaintiff’s mortgage had not been recorded in Cullman county Avhen his grantor, Dr. McLarty, purchased the mare from the wife of Mitchell, if Mitchell was the owner of the mare. Under the terms of the statute the purchase must be from the OAvner when the mortgage Avas executed, or some one holding under him or Avho has authority from his to sell. The
The judgment of the circuit court is reversed, and the cause is remanded.