Hollimon v. McGregor

GABDNEB, Justice.

Plaintiff claimed title to the property, the subject-matter of this suit, by mortgage executed by one Cornelius. Defendant claimed as a purchaser at the foreclosure sale of a mortgage executed by Cornelius to one Martin. The Martin mortgage was unrecorded, and plaintiff insists he knew nothing concerning it when he took his mortgage. Defendant offered proof to the contrary, and the decision of the case turns upon this issue of fact.

On former appeal (Hollimon v. McGregor, 225 Ala. 517, 143 So. 902), the judgment for plaintiff was reversed for failure on his part to show a…