Farmers' Union Warehouse Co. v. Barnett Bros.

This is the third appeal in this case. The first two are reported in 214 Ala. 202, 107 So. 46; 22 Ala. App. 524, 116 So. 810, certiorari 218 Ala. 165, 118 So. 286. We refer to them for a statement of the nature of suit and the issues.

Appellant now complains of an alleged error in allowing plaintiff to testify that J. M. Davis told him that he had notice of plaintiff’s mortgage at the time he took the mortgage to Roberts, Luther & Co. The controlling issue in the case was the one of fact thus indicated. Plaintiff’s mortgage was recorded the same day on which that of Roberts, Luther & Co. was…