Bank of Oakman v. Thompson

GARDNER, Justice.

Under the amended bill, filed following the former appeal on demurrer (Bank of Oakman v. Thompson, 224 Ala. 87, 139 So. 238), complainant bank seeks a foreclosure of a mortgage on the real estate therein described, executed by one Sides on May 14, 1926, recorded June 9, 1926, and to have established its priority over the mortgage made by said Sides to one Kropp on May 14, 1926, which latter mortgage (covering the same property) on its face acknowledged the priority of the mortgage to the said complainant bank. The mortgage to Kropp was not paid at maturity (May, 1927), and a…