Dothan Guano Co. v. Ward
Supreme Court of Alabama
Appeal from Henry Circuit 'Court. Tried before Hon. John.P. Hubbard. This was an action instituted on September 8, 1899, by the appellee, John J. Ward, against the appellant, the Dothan Guano Co., in which the plaintiff sought to recover from the defendant two hundred dollars, the statutory penalty for the defendant’s failure to enter satisfaction upon the margin of the record of a mortgage, in the office of the judge of probate.
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Appeal from Henry Circuit 'Court. Tried before Hon. John.P. Hubbard. This was an action instituted on September 8, 1899, by the appellee, John J. Ward, against the appellant, the Dothan Guano Co., in which the plaintiff sought to recover from the defendant two hundred dollars, the statutory penalty for the defendant’s failure to enter satisfaction upon the margin of the record of a mortgage, in the office of the judge of probate. In the complaint the plaintiff averred that on February 10, 1896, he executed a mortgage to the defendant corporation, which was duly recorded in the office of the…
1Opinion of the CourtMcCLELLAN, C. J.
— A mortgagee cannot assign the mortgage after it has been paid so as to avoid the statutory duty to enter satisfaction on the margin of its record in the office of the judge of probate. The complaint does not allege when the mortgage was paid further than that it was paid prior to February 17, 1899, when, it is alleged, the request to enter satisfaction on the record was made. Defendant’s third plea fails to aver the assignment of the mortgage before its payment, and was, therefore, open to the second assignment of demurrer.
Defendant's plea “A” was so obviously and palpably wanting in merit…
2Cited by9 opinions
- Farmers' & Merchants' Bank v. HollindSupreme Court of Alabama · 1917
- Allen v. AlstonSupreme Court of Alabama · 1906
- Partridge v. WilsonSupreme Court of Alabama · 1904
- International Harvester Co. v. SimpsonSupreme Court of Alabama · 1931
- Henderson v. WilsonSupreme Court of Alabama · 1903
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