Abernathy v. Worthy

The suit is in detinue by the mortgagee against the mortgagor for recovery of personalty embraced in a mortgage of May 13, 1927. The assignments of error here argued relate to the matter of description of the property embraced in the mortgage.

“Generality and indefiniteness in the description of the property are not sufficient to avoid a mortgage. There must be uncertainty, 'which remains after the mortgage has been interpreted in the light of the attendant circumstances, the clear intent of the parties -being regarded.” Smith v. Fields, 79 Ala. 335; Truss v. Harvey, 120 Ala. 636, 24 So. 927.

As…