Gay, Hardie & Co. v. Rogers
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before John G. Winter, Esq,., Special Judge. This was an action brought, February 16th, 1895, by Charlotte Thompson Rogers, the appellee, against Gay, Hardie & Co., the appellants.
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Appeal from the Circuit Court of Montgomery. Tried before John G. Winter, Esq,., Special Judge. This was an action brought, February 16th, 1895, by Charlotte Thompson Rogers, the appellee, against Gay, Hardie & Co., the appellants. The complaint was as follows : ‘ ‘The plaintiff claims of the defendants the sum of two hundred dollars for this : That whereas, heretofore, towit, on the 12th day of December, 1891, one J. D. Brooks executed and delivered to defendants a mortgage on certain real and personal property therein described, which said mortgage was recorded in Book 115, on page 39, of…
1Opinion of the CourtColeman, J.
The action was to recover the statutory penalty imposed upon a mortgagee for failing to enter on the margin of the record of the mortgage partial payments. The complaint states the cause of action with sufficient definiteness, and the demurrer on this ground to the complaint was properly overruled. Williams v. Bowdin, 68 Ala. 126. We are unable to discover any sound reason against the constitutionality of the statute. There is no law which requires a mortgagee to have his mortgage recorded.' There are certain benefits and advantages to be derived by complying with the statute of registration.…
2Cases cited2 opinions
- Scott v. FieldSupreme Court of Alabama · 1883
- Williams v. BowdinSupreme Court of Alabama · 1880
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- Livingston v. CuddSupreme Court of Alabama · 1898
- Davis v. StateSupreme Court of Alabama · 1902
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