Holman v. Harper

GARDNER, J,

The amended cross-bill seeks the cancellation of the mortgage executed by Norris Holman upon the ground of his mental .incapacity at the time of its execution. It avers that the mortgagee had knowledge or notice of such insanity at the time of the execution of the mortgage, and that complainant, the assignee thereof, had like knowledge or notice at the time of his purchase. These averments suffice to meet the assignments of demurrer 2, 3, 4, and 5. Street v. Treadwell, 203 Ala. 68, 82 So. 28.

Assignments 6 and 7 are refuted by the express averments of the bill, and assignment 1 is…