77 So. 340 | Ala. | 1917
The mortgage in question contained the statutory warranty, and therefore included an after-acquired title, nothing to the contrary appearing in the instrument. Indeed, this well-established principle is not questioned by the appellant, but it is insisted that the mortgage was void because made before the issuance of the receiver's certificate, and was contrary to public policy because of the oath required, under section 2291 of the United States Revised Statutes (U.S. Comp. St. 1916, § 4532); that the property had not been alienated and reliance is placed upon the case of Anderson v. Carkins,
The case of Smart v. Kennedy,
As the defendant's evidence showed that the mortgage had been foreclosed the trial court did not commit reversible error in not sustaining plaintiff's objection to same upon the ground that it was prior in date to the final certificate. The other grounds of objection are not insisted upon in argument.
The judgment of the circuit court is affirmed.
Affirmed.
MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur.