Boger v. Jones Cotton Co.

BOULDIN, Justice.

The original bill was filed by appellant, W. A. Boger, as trustee in bankruptcy of the estate of Alabama Cotton & Grain Company, a corporation, bankrupt, against appellee, Jones Cotton Company, a co-partnership, to set aside a mortgage given by the bankrupt covering all its real property, and to subject the property to payment of claims of creditors of the bankrupt.

Among the grounds of attack was noncompliance with the statute governing the execution, of a mortgage of lands by a corporation. Code, § 7015, Subdivision (3). This aspect of the bill was before this court on…