69 So. 524 | Ala. | 1915
This was an action of detinue. The plaintiff claimed title to the chattels by virtue of mortgages executed to it by the husband of the defendant. The defendant claimed, first, that the chattels were Tiers, and not her husband’s and that no title passed to the mortgagee; and, second, that the mortgage debts were paid, and that the mortgagee’s title was thereby ■extinguished.
We have carefully examined the record, and we find that the receipts were admissible, both collectively and ■severally, as tending to show the amounts secured by the mortgages, and whether or not these amounts had been paid. The mortgages were given to secure indebtedness existing at the time they were executed, as well as to secure future advancements; and for this reason the receipts, in connection with other evidence were admissible. While one or two' of the receipts on their face appear to have been given before the mortgages were executed, they might tend to show what the in
There was no error in declining to allow plaintiff to prove by the witness Parker the conversation between him and defendant’s husband.
Affirmed.