Bright v. Wynn

This is a suit by Jonas Wynn and G. A. Wynn against J. M. Bright and D. O. McKoy to recover the statutory penalty under section 4898 of the Code of 1907 for failing to mark satisfied on the record of a real estate mortgage. The jury returned a verdict in favor of the plaintiffs, and from a judgment thereon by the court this appeal is prosecuted by the defendants, and each separately and severally assign errors.

There is only one count in the complaint. It avers plaintiffs executed a mortgage on real estate to one A. E. Fields on - day of February, 1913, which was duly recorded in the probate…