Fallon v. Hackney

Plaintiffs sued to recover the penalty imposed by § 179, Title 47, Code 1940, on a party therein named who, for thirty days after request in writing, fails to enter the fact of payment or satisfaction on the margin of the record of a mortgage. The case was tried in the circuit court without a jury, on an agreed statement of facts, and judgment was rendered for defendant. On appeal, the Court of Appeals reversed and rendered judgment for the plaintiffs. The defendant has applied for certiorari to review the judgment of the Court of Appeals.

The stipulation of facts shows that on February 16,…