Mayhall v. Woodall
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by J. W. Mayhall against Joe Woodall for the penalty for failure to satisfy im full the record of a mortgage. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals under the statute creating such court.
1Opinion of the CourtSayre, J.
Mayhall sued Woodall in three counts to recover statutory penalties for failing, after payment and within two months after request in writing, to enter satisfaction of three separate mortgages executed in 1911, 1912 and 1913. It was conceded that all these mortgages secured the same debt, the security being renewed from year to year. The last was for the sum of $37.90, which sum was due and payable November *1351, 1913. On November 17th, Mayhall went to Wood-all, paid him the sum of $37.90 and received his note. At that time Mayhall gave Woodall notice to satisfy the records of these mortgages,…
2Cases cited1 opinion
- Smith v. Bank of EnterpriseSupreme Court of Alabama · 1906
3Cited by7 opinions
- Wilkerson v. SorsbySupreme Court of Alabama · 1918
- Martin v. WalkerSupreme Court of Alabama · 1916
- Clark v. HendersonSupreme Court of Alabama · 1943
- Scales v. Rosenbush Furniture Co.Supreme Court of Alabama · 1924
- Hamilton v. Harry L. Hussmann Refrigerator & Supply Co.Supreme Court of Alabama · 1926
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