Perryman & Co. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action by Effie May Smith and her husband, John 1. Smith, against Perryman & Company, to recover the statutory penalty, as provided under section 1868 of the Code,, for the failure to enter a partial payment on the margin of the record of a mortgage.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action by Effie May Smith and her husband, John 1. Smith, against Perryman & Company, to recover the statutory penalty, as provided under section 1868 of the Code,, for the failure to enter a partial payment on the margin of the record of a mortgage. The testimony for the plaintiffs tended to show that Effie May Smith, together with her husband, John I. Smith, had executed a mortgage to Perryman & Company, upon four certain lots in Cleveland, a suburb of Birmingham, to secure anote of one hundred…
1Opinion of the CourtHaralson, J.
By section 1868 of the Code, a mortgagee whose mortgage is recorded, and who has received ■ partial payment on it, must, on request of the mortgagor in writing, enter on the margin of the record of the mortgage, the date and amount of such partial payment or payments ; and if, for thirty days after request, he fails to make such entry, he forfeits to the party making such request, two hundred dollars.
The facts alleged in the complaint to entitle the plaintiff to recovery, seem to have been satisfactorily established, if the-paper set out in the record, relied on as a notice to the mortgagees,…
2Cases cited1 opinion
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
3Cited by3 opinions
- Henderson v. WilsonSupreme Court of Alabama · 1903
- Clark v. Wright, Henderson & RainerSupreme Court of Alabama · 1898
- Hoffman v. KnightSupreme Court of Alabama · 1899