88 Ala. 496 | Ala. | 1889
-Appellant, as mortgagee, brings against ■appellees, as mortgagors, the action of detinue for the recovery of a horse. The mortgage, which was of personal chattels, was executed February 11, 1888, and included, at that time, two horses. Some months after, by request and consent of the mortgagors, both being present, one of the horses originally included in the mortgage was released therefrom, and in lieu thereof the horse now sued for was, by interlineation, substituted. The sole question presented is, whether, under section 1731 of the Code, which declares, “A -mortgage of personal property is not valid, unless in writing and subscribed by the mortgagor,” the mortgage is valid, and passed the title to the horse in controversy.
The general rule, that parties may alter or modify, at pleasure, their contract after its consummation, applies to deeds, and mortgages. An insertion of other personal property in a mortgage, is but a modification or alteration of the contract, which is not prohibited by any rule of law, and which the parties are competent to mate. In reference to alterations and interlineations in a conveyance of real estate, made in the handwriting of the grantor, Briokell, C. J. says, in Sharpe v. Orme, 61 Ala. 263: “If it had
[Reversed and remanded.