Steiner & Bro. v. Snow
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before the Pión. T. M. Arrington. This was an action instituted by Julius C. Snow against V. Steiner & Bro., under sections 2222 and 2223 of the Code, to recover the statutory penalty of Steiner & Bro. for failing to enter satisfaction upon the margin of the record of a mortgage given them by the said Snow, for three months after payment, and request in writing to make such entry ; and was commenced July 31st, 1885. On the trial, the…
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Appeal from Montgomery City Court. Tried before the Pión. T. M. Arrington. This was an action instituted by Julius C. Snow against V. Steiner & Bro., under sections 2222 and 2223 of the Code, to recover the statutory penalty of Steiner & Bro. for failing to enter satisfaction upon the margin of the record of a mortgage given them by the said Snow, for three months after payment, and request in writing to make such entry ; and was commenced July 31st, 1885. On the trial, the plaintiff testified in his own behalf that he had executed a mortgage to the defendants in 1883, and that he had paid it…
1Opinion of the Court
CLOPTON. J.
The statutes require a mortgagee, whose mortgage has been recorded, upon payment of the amount secured thereby, and request in writing, to enter satisfaction on the margin of the record, which operates a release of such mortgage, and a bar to all actions thereon. On failure to enter satisfaction for three months after payment and request, the mortgagee forfeits to the party aggrieved the sum of two hundred dollars, unless at the time of such request or within three months thereafter, there shall be a pending suit, involving the fact of satisfaction. Acts 1880 — 1, 32. We do not…
2Cases cited2 opinions
- Williams v. BowdinSupreme Court of Alabama · 1880
- Jordan & Sons v. MannSupreme Court of Alabama · 1877
3Cited by12 opinions
- Cowin v. SalmonSupreme Court of Alabama · 1943
- Chattanooga National Building & Loan Ass'n v. EcholsSupreme Court of Alabama · 1899
- Partridge v. WilsonSupreme Court of Alabama · 1904
- Lynn v. BeanSupreme Court of Alabama · 1904
- Clark v. HendersonSupreme Court of Alabama · 1943
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