Smith v. Stringer

On Rehearing.

THOMAS', J.

The record discloses examination of witnesses as if before the court; yet that was not the fact as evidenced by the note of submission.

The rule of accountability for rents and profits that mortgagee actually received, or which he could, with reasonable diligence, have received, and that liability rests upon him if he enters under a void or voidable sale, Sloan v. Frothingham, 72 Ala. 589, 606, or for use and occupation, if the defendant himself was in possession of said land, Watson v. Steele, 78 Ala. 361, 364; American F. B. Mortg. Co. v. Pollard, 132 Ala. 155, 32 So.…