First Nat. Bank v. T. J. Perry & Son

• Citation: 25 Ala.App. 6,140 So. 614
• Decision Date: 03 November 1931
• Docket Number: 4 Div. 658.
• Parties: FIRST NAT. BANK OF OPP v. T. J. PERRY & SON.
• Court: Alabama Court of Appeals

140 So. 614

25 Ala.App. 6

FIRST NAT. BANK OF OPP v. T. J. PERRY & SON.

4 Div. 658.

Court of Appeals of Alabama

November 3, 1931

Rehearing Denied Dec. 11, 1931.

Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.

Claim suit between T. J. Perry & Son, plaintiffs in execution, and the First National Bank of Opp, claimant. From a judgment for plaintiffs, claimant appeals.

Reversed and remanded.

Certiorari dismissed, 140 So. 616, and certiorari denied by Supreme Court in First Nat. Bank of Opp v. T. J. Perry &amp Son, 140 So. 616.

W. O Mulkey, of Geneva, and Simmons & Simmons, of Opp, for appellant.

C. B Fuller, of Opp, for appellees.

BRICKEN P.J.

Appellees T. J. Perry & Son recovered a judgment in the Coffee county circuit court against Fred Redmon on the 12th day of June, 1925. A certificate of this judgment was duly filed for record on October 16, 1925. On January 4, 1928, Redmon "made arrangements" with the farm bureau in Coffee county for the fertilizer involved in this suit. "He figured out what he needed for the year (1928) and then went to the First National Bank of Opp, Alabama, before he renewed his note and mortgage, which was introduced in evidence, for his fertilizer and told the First National Bank of Opp that he wanted the money to pay for this fertilizer." At said time Redmon was indebted to the bank in the sum of $3,000, money advanced in connection with his farming operations previous to 1928. The bank agreed to furnish the money necessary to purchase the fertilizer, and to secure this additional indebtedness, as well as the indebtedness already existing, Redmon executed a mortgage to the bank, bearing date January 4, 1928, and filed for record January 9, 1928, maturing October 1, 1928. The mortgage recites that it was given in extension of and to better secure all prior notes and mortgages given by the mortgagor to the bank. It purports to convey all other property of the mortgagor, not specifically named therein, owned at the time the mortgage was executed, or at its maturity. It provides that the mortgagor "agrees to hold all fertilizers and supplies bought by the mortgagor, in trust, as the property of the bank and subject to its order."

The record refutes the idea that there was any binding obligation on Redmon to purchase or on the farm bureau to furnish the fertilizer at the time Redmon applied to the bank for further credit. What Redmon did was to obtain a price on the fertilizer he proposed to buy and a list of the amount quality, and kind; he submitted the list and price to the bank, stating that he wanted to get the fertilizer on the list, if the bank would furnish the money to pay for the fertilizer. The bank figured the amount of money necessary to purchase the fertilizer, added interest and Redmon's old debt to that amount,...