Sellers & Orum Co. v. Hardaway
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by tbe Sellers & Orum Company against J. H. Hardaway and others, for damages for the destruction of a mortgage lien. Judgment for defendants and plaintiff appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by tbe Sellers & Orum Company against J. H. Hardaway and others, for damages for the destruction of a mortgage lien. Judgment for defendants and plaintiff appeals. A mortgagor need not have an interest in the land at the time of the exception of the mortgage if he shall have made an arrangement or understanding with the owner of the land on -which he can base a reasonable belief that he will acquire an interest in the land. — Hearst v. Bell, 72 Ala. 336; Young v. Hall, 58 South. 789. The several instruments executed at…
1Opinion of the CourtMcCLELLAN, J.
Repeated decisions in this court have established the doctrine that it is essential to the effectual creation of a mortgage on crops to be grown— “that its subject-matter should have a potential existence, as distinguished from a mere possibility, or expectancy on the part of the contracting parties, that it will come into being. While the thing itself need not have identity, or separate entity, yet it must at least be the product, or growth, or increase of property, which has at the time a corporeal existence, and in which the mortgagor has a present interest, not a mere belief, hope, or…
2Cases cited6 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
- Fields v. KarterSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- J. E. Butler & Co. v. A. G. Henry & Co.Supreme Court of Alabama · 1918
- White v. KinneySupreme Court of Alabama · 1924
- Shaw v. KinneySupreme Court of Alabama · 1933
- Avondale Mills v. Abbott Bros.Supreme Court of Alabama · 1926
6 more not listed; retrieve them via the Exa API.