70 So. 997 | Ala. Ct. App. | 1915
Assuming that there was such an agreement, and assuming its effectiveness in favor of the son in a controversy between father and son as to the title to the bale of cotton — a question we need not consider — such agreement cannot prevail against the title of the plaintiff in this case, to whom the father, before making such agreement with the minor son, executed a mortgage on, to-wit, January 11, 1912, conveying to the plaintiff, as before seen, the entire crop of cotton that might be raised, not only by
We are cited in the brief of appellant’s counsel to a recent decision of our Supreme Court, that of Maybank v. Lumpkin, 189 Ala. 559, 66 South. 584, which, it is urged, is in conflict with the foregoing holding; but we do not so regard it. The court there, in considering a mortgage materially different in verbiage to that we have here considered, held that a father might, as against the mortgagee, emancipate his minor son after the execution of the mortgage, and rent to him a part of the premises upon which the mortgaged crops were to be grown, so as to confer on the son, even as against the mortgagee, the title to that part of the crops the son might raise on the portion of the premises so rented him. Under the language of the mortgage there under review, we do not question the correctness of the holding of our Supreme Court; for it seems to us that in such case the father would, perhaps, have as much right to emancipate his son and rent him land as he would have to rent land to any other third person; but under the mortgage here, which, as before pointed out, conveyed to the mortgagee, the entire crop of cotton that the mortgagor, or “his family,” might raise during the year 1912 on the premises then held by the mortgagor, we are clear, under the authorities before cited, that the mortgagor could not, as against the mortgagee, emancipate his minor son, at the same
It follows that the judgment appealed from must be, and is, affirmed.
Affirmed.