Legal Opinion

Federal Land Bank v. Branscomb

Supreme Court of Alabama

Decided June 18, 1925No. 7 Div. 577PublishedCited by 19 opinions

1Opinion of the CourtBouldin, J.

Thé case made by the record is briefly this: A mortgage was given, upon lands to secure an indebtedness evidenced by a negotiable promissory note. The-mortgagee, for value and before maturity, assigned the note to a holder in due course.. After the maturity of the note, and without! payment of same, the mortgagee entered sab isfaction of the mortgage upon the-record thereof. Thereafter the mortgagor executed to a third person a mortgage to secure a loan. This second mortgagee had no notice of the assignment of the former mortgage note, nor that it was still outstanding. No written* assignment…

2Cases cited5 opinions

  1. Keohane v. SmithIllinois Supreme Court · 1880
  2. Langley v. AndrewsSupreme Court of Alabama · 1902
  3. Vann v. MarburySupreme Court of Alabama · 1893
  4. Giddens v. ReddochSupreme Court of Alabama · 1921
  5. Hand v. KempSupreme Court of Alabama · 1922

3Cited by19 opinions

  1. Kelly v. CarmichaelSupreme Court of Alabama · 1928
  2. Ritter v. MoseleySupreme Court of Alabama · 1933
  3. Trotter v. BrownSupreme Court of Alabama · 1936
  4. Shepherd v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1937
  5. Flagg v. Florence Discount Co.Supreme Court of Alabama · 1934

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