Frauenthal & Schwarz v. Bank of El Paso

ON REHEARING.

Hart, J.

Upon further consideration of this case we are of the opinion that, under the terms of the mortgage, which guaranteed to the mortgagee that no member of the family of the mortgagor had or would have any interest or claim or lien on the property mortgaged, the mortgagor could not, as against the mortgagee, emancipate his minor son, at the same time retaining him as a member of his family and give him part of the crops embraced in. the mortgage for his services in helping to raise them. Such is the effect of a decision of the Alabama Court of Appeals in Hughes & Tidwell…