McGee v. Fitzer

We are of the opinion that the charge of the court, instructing the jury that the instrument claimed by appellant to be a mortgage, “is not, nor was it a lien on the cot- “ ton,” is erroneous. It is true, that the mortgage is not in full compliance with the statute, hut it substantially follows the statute in most of its material requisitions, and at least it may be held to be a good common law mortgage. It was a mortgage, subject, however, to the prior lien of the appellant; for St. Clair, the appellant’s own witness, proves that at the time of the execution of the mortgage to him, he…