Avondale Mills v. Abbott Bros.

The trial was before the court without a jury and on evidence given ore tenus. The judgment was for plaintiff.

The evidence fails to show that, when defendant purchased the cotton from a third person, it had any knowledge, or facts calling for inquiry, of plaintiff’s mortgage lien. The mortgagor was not connected with the sale, having delivered the cotton to the agent of the bank, who sold the same and credited the proceeds to the debt of the mortgagor to the bank.

A mortgage, to be constructive notice as to third persons, must so describe the property that such persons, from the description…