Callahan v. Auburn Production Credit Ass'n

On Rehearing.

BROWN, Justice.

The appellee insists that “the decision [embodied in the foregoing opinion] is inconsistent with every case decided by the Alabama Supreme Court, which cases were relied upon by appellee in drafting its 'form of. mortgage, but does not expressly overrule those cases or distinguish them,” and the substance of its contention is, that while the opinion states the common law rule, nevertheless a mortgage given on cattle after acquired by the mortgagor in which the mortgagor had neither a present nor potential interest, the identity of which is unknown to the parties to…