Tervin v. Cordova State Bank

POSTER, Justice.

The bill in this case was filed to reform and foreclose a mortgage.

The respondents by answer allege the invalidity of the mortgage, and hence contend that the court will not reform or foreclose it, because the acknowledgments were taken before the cashier of the bank, which is the mortgagee. This contention can only be made by direct attack, and if we assume that the answer, not made a cross-bill praying for such relief is in this suit a direct attack (Jenkins v. Jonas Schwab Co., 138 Ala. 664, 35 So. 649), it is not available to respondents, because it is not the homestead of…