Dittman Boot & Shoe Co. v. Mixon
Supreme Court of Alabama
Appeal from the Circuit Court of Marion. Tried before the Hon. Thomas R. Roulhac. This was a suit brought by the'appellees, H. E. Mixon and others, against the appellants, The George F. Dittman Boot & Shoe Company, to recover the statutory penalty for the failure of the defendant, after the payment of the mortgage debt, to enter satisfaction thereof on the record of the mortgage after having been requested in writing so to do.
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Appeal from the Circuit Court of Marion. Tried before the Hon. Thomas R. Roulhac. This was a suit brought by the'appellees, H. E. Mixon and others, against the appellants, The George F. Dittman Boot & Shoe Company, to recover the statutory penalty for the failure of the defendant, after the payment of the mortgage debt, to enter satisfaction thereof on the record of the mortgage after having been requested in writing so to do. The action was commenced by an attachment sued out by the plaintiffs. The defendant was a foreign corporation, and it was upon this ground that the attachment was sued…
1Opinion of the CourtColeman, J.
The appellees, residing in Marion county, Alabama, began suit'by attachment against the appellant, a foreign corporation, to recover the statutory penalty imposed upon a mortgagee, who has been paid ,or satisfied, for failure to enter the fact of payment or satisfaction on the margin of the record.of the mortgage, after being requested in writing, to make, such entry.— Code of 1896, § 1066. That the plaintiffs were ihortgagors and defendant a mortgagee, that the debt was fully paid, and the mortgagee was requested in writing by the mortgagors to enter such payment or satisfaction and failed…
2Cases cited3 opinions
- Gay, Hardie & Co. v. RogersSupreme Court of Alabama · 1895
- Nelson v. LarmerSupreme Court of Alabama · 1891
- Walker v. EnglishSupreme Court of Alabama · 1894
3Cited by4 opinions
- State v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Martin v. WalkerSupreme Court of Alabama · 1916
- State ex rel. Attorney General v. EhleSupreme Court of Arkansas · 1914
- J. A. Fay & Egan Co. v. Southern Novelty WorksAlabama Court of Appeals · 1917