Loeb v. Huddleston
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. This action was brought by the appellee, W. A. Huddleston, against M. Loeb, to recover the statutory penalty of two hundred dollars, for the defendant’s failure, for more than thirty days, to enter partial payments on the margin of the record of a mortgage, which was executed by the plaintiff to Loeb & Weil, and subsequently transferred to the defendant.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. This action was brought by the appellee, W. A. Huddleston, against M. Loeb, to recover the statutory penalty of two hundred dollars, for the defendant’s failure, for more than thirty days, to enter partial payments on the margin of the record of a mortgage, which was executed by the plaintiff to Loeb & Weil, and subsequently transferred to the defendant. The defendant pleaded the general issue, and issue was joined thereon. Upon the trial of the case, as is shown by the bill of exceptions, in order to prove…
1Opinion of the Court
BBICKELL, 0. J.
1. The action was brought to recover the penalty of two hundred dollars, imposed by the statute, (Code, § 1868), upon any mortgagee, or the transferee of the mortgage debt, who fails for thirty days after request in writing by the mortgagor, to enter on the margin of the record of the mortgage the date and amount of partial payments which may have been made on the debt. The trial was had on the plea of the general issue, which cast upon the plaintiff the bur-then of proving all the facts essential to a right of recovery. The record of the mortgage was an essential fact, and of…
2Cited by13 opinions
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Campbell v. HughesSupreme Court of Alabama · 1907
- Stephens v. MooreSupreme Court of Alabama · 1896
- Opelika Montgomery Fair Co. v. WrightSupreme Court of Alabama · 1951
8 more not listed; retrieve them via the Exa API.