124 Ala. 223 | Ala. | 1899
— The plaintiff held his mortgage subject to the one given to French & Ramage. Whenever their mortgage became satisfied, Avithout resort by them to the mortgaged property, the property became liable to the satisfaction of plaintiff’s mortgage, without interference by the older one. If it had taken the property to satisfy the senior, the junior mortgagee would have suffered no damage. When, however, the mortgagor paid and satisfied the senior mortgage, out of funds independent of the mortgaged property, and not arising therefrom, this mortgage Avas SAvept away, so far as. the junior mortgagee Avas concerned, and as between the mortgagor and the plaintiff, — the junior mortgagee — the second mortgage stood as' though no prior mortgage had ever been executed to French & Ramage. The payment of this older mortgage Avas not made by the defendants, but by Mrs. Copelancl, the mortgagor, in discharge of that mortgage, the defendants having no connection Avitli the payment and discharge of the same. This older mortgage AAras never transferred or assigned to them, by the mortgagees therein, and they did not acquire by virtue of its payment by Mrs. Copeland, any right or lien on the property mortgaged. There Avas no outstanding title in French & Ramage,
Affirmed.