69 So. 110 | Ala. | 1915
The bill seeks a cancellation of the mortgage upon the ground that it was paid before Linder or the respondent, Febbie Stockdale, took possession of the land under the mortgage, but seeks an accounting and redemption in case the complainant is mistaken as to the payment of the mortgage debt. The bill charges that' Linder held the mortgage as assignee, and that Febbie Stockdale held as his tenant, while the proof shows that Linder put her in possession and turned the mortgage over to her not later than the first of the year 1903, she having bought said mortgage from him.
The decree of the city court is reversed, and one is here rendered dismissing the bill of complaint.
Eeversed and rendered.