Renfro v. Adams
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. James E. Cobb. The appellee, William G. Adams, brought this action against the appellants, Renfro & Andrews, to recover the statutory penalty for their failure to enter satisfaction, on the record, of a mortgage made by him to them, for more than three months after the payment of the debt secured thereby, after demand, &c.
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Appeal from Lee Circuit Court. Tried before Hon. James E. Cobb. The appellee, William G. Adams, brought this action against the appellants, Renfro & Andrews, to recover the statutory penalty for their failure to enter satisfaction, on the record, of a mortgage made by him to them, for more than three months after the payment of the debt secured thereby, after demand, &c. The complaint “claims of the defendants the sum of two hundred dollars due from defendants to plaintiff by reason of a failure on the part of the defendants, within three months after being requested by the plaintiff to enter…
1Opinion of the CourtBrickell, C. J.
The action was brought to recover the penalty of two hundred dollars, which is imposed by § 2223 of the Code, upon any mortgagee who fails, on the request of the mortgagor, for three months, to enter on the record of the" mortgage satisfaction thereof, after the payment of the mortgage debt.
Several objections to the complaint are made by demurrer, which we do not think are well taken. The facts necessary to support the action, are presented in an intelligible form and with clearness. The material questions seem to be, whether notice or a request to each of the mortgagees, who were partners,…
2Cases cited1 opinion
- New York & Alabama Contracting Co. v. Selma Savings BankSupreme Court of Alabama · 1874
3Cited by9 opinions
- Morrill v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Williams v. HendricksSupreme Court of Alabama · 1897
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Jarratt v. McCabeSupreme Court of Alabama · 1883
- Curry v. Wright, Sr.Supreme Court of Florida · 1931
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