Moorer v. Tensaw Land & Timber Co.

SIMPSON, Justice.

It was held in Moorer v. Tensaw Land & Timber Co., 246 Ala. 223, 20 So.2d 105, where the instant parties were in litigation over the same subject matter, that the deed executed by Everett & Boykin to Taylor, Lowen-stein & Co., under date of February 25, 1922, and the contemporaneously executed written contract between the parties stipulating that the deed was executed as security for certain indebtedness therein described constituted a mortgage on the lands embraced in the deed in the hands of Taylor, Lowenstein & Co. and anyone standing in their shoes.

Taylor, Lowenstein &…