Pake v. Lindsey Mill Co.

The contest in equity is between a grantee and a mortgagee as to the superiority or initial right or title to standing timber.

The true date of execution and delivery of a mortgage may be shown by parol evidence (Formby v. Williams, 203 Ala. 14, 81 South. 682) under appropriate pleading. This is not available to appellants, since this material fact is not properly set up in their answer and cross-bill to authorize proof that the true date of the Dennis mortgage was October 19 (antedating appellee’s deed), and not October 30, according to its purport and as it is averred in paragraph 4 of…