Bank of Florala v. Williams

GARDNER, Justice.

Both plaintiff and claimant assert their right to the personalty here involved by virtue of an assignment of the rents to become due the owner of, the land, C. F. Deal. Plaintiff’s assignment is embraced in his mortgage of February 20, 1932, and was duly recorded April 4, 1932; while that of the claimant bank rests upon a mortgage by said Deal bearing date January 6, 1933.

The language of these mortgages, similar to that found in First National Bank v. Crawford, 227 Ala. 188, 149 So. 228, and Herren v. Burns et al., 217 Ala. 692, 117 So. 417, sufficed as an assignment of the…