70 Ala. 419 | Ala. | 1881
In this case, certain payments were shown to have been made by Rhodes to Wheless, in February, 1874. Wheless testified, that Rhodes had rented lands from him as the agent of Hollingsworth, and had cultivated them during the year 1873. Pie further testified, that part of the money so paid to him was paid and applied in liquidation of Rhodes’ indebtedness to Hollingsworth for said rent. There had been other indebtedness from Rhodes to Wheless, and the contention was, on which of these claims the payment should be applied. If applied to the claim for rent, the implications are, that this would leave an unpaid balance due on the mortgage from
The Circuit Court did not err in receiving evidence of the usury. It tended to show the actual debt was less than the papers imported. The mortgage being of chattels, if the mortgage debt was paid, the mortgagee’s title was at an end. Where there is no debt, there is no mortgage.—Harrison v. Hicks, 1 Por. 423; Morrison v. Judge, 14 Ala. 182; Geron, v. Geron, 15 Ala. 558. This rule does not obtain, in courts of law, as to lands.
The charges asked are not shown to have been in writing, and we can not consider them.
Reversed and remanded.