81 So. 141 | Ala. Ct. App. | 1919
The action was brought by the plaintiff, claiming as a mortgagee of a crop, against the defendant, a purchaser from the mortgagor. The bill of exceptions purports to set out all of the evidence. From this it appears that the plaintiff failed to prove that the property claimed to have been converted was covered by the mortgage.
A mortgagor of a crop to be grown must have some interest in the land on which the crop is to be grown at the time of the execution of the mortgage. Farmers' Mut. W. Co. v. McIntosh,
In addition to the above, it is but fair to say that while the pleadings, as set out in the record, may not have justified the introduction of certain evidence on the part of the defendant, and therefore certain of the written charges were technically erroneous, a review of the whole case, including the verdict of the jury, impressed the court that the plaintiff was not probably affected injuriously in his substantial rights. Sup. Ct. Rule 45 (175 Ala. xxi, 61 South. ix).
There is no error in the record, and the judgment is affirmed.
Affirmed.