Legal Opinion

Bynon v. Citizens' Bank

Supreme Court of Alabama

Decided October 23, 1930No. 6 Div. 428PublishedCited by 3 opinions

1Opinion of the CourtAnderson, C. J.

The mortgage in question recites that it was given to secure an indebtedness evidenced by a certain note therein described, and makes no reference to future advances. However, oral evidence was admissible to show that the actual consideration was advances to be made. Huckaba v. Abbott, 87 Ala. 409, 6 So. 48; Kirby v. Raines, 138 Ala. 194, 35 So. 118, 100 Am. St. Rep. 39; Manchuria Co. v. Donald & Co., 200 Ala. 641, 77 So. 12.

The witness Kropp, who seems to have been believed by the jury, and who was the plaintiff’s witness, said that the mortgage was given to hold as security for drafts to…

2Cases cited6 opinions

  1. Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
  2. Birmingham Belt R. Co. v. NelsonSupreme Court of Alabama · 1927
  3. Woods v. StateAlabama Court of Appeals · 1923
  4. Huckaba v. AbbottSupreme Court of Alabama · 1888
  5. Kirby v. RaynesSupreme Court of Alabama · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Wilma Corp. v. Fleming Foods of AlabamaSupreme Court of Alabama · 1993
  2. Weatherwax v. HeflinSupreme Court of Alabama · 1943
  3. Metropolitan Life Ins. v. Reconstruction Finance Corp.Supreme Court of Alabama · 1935

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