Long Bros. v. Jennings
Supreme Court of Alabama
Appeal from the Law and Equity Court of Walker County. Tried before the lion. Peyton Norvelw. This was an action brought by the appellee, J. A. Jennings, against the appellants, Long Brothers, .to recover the statutory penalty of $200 for failing, after request in writing, to enter on the record of a mortgage a partial payment.
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Appeal from the Law and Equity Court of Walker County. Tried before the lion. Peyton Norvelw. This was an action brought by the appellee, J. A. Jennings, against the appellants, Long Brothers, .to recover the statutory penalty of $200 for failing, after request in writing, to enter on the record of a mortgage a partial payment. In the complaint the mortgage was described as having been executed on February 3, 1900, and as having been given to secure the payment of a promissory note executed on February 3, 1900 and due October 15, .1900. On the trial of the cause the plaintiff offered to…
1Opinion of the CourtTyson, J.
This is an action brought by plaintiff, a mortgagor, against the defendants, mortgagees, to recover the statutory penalty of two hundred dollars.for failuró to' enter on the margin of the record of the mortgage,' a partial payment, — § 1065 of ’Code-; Acts, 1898-99, p. 26. The evidence without conflict, establishes the execution of the mortgage, its recordation,, the amount of the partial payment that was made -by' plaintiff on the mortgage, a written request; by' him upon defendants, to enter the same upon the margin of the record and a delivery of that request, in the absence of their…
2Cases cited2 opinions
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Loeb v. HuddlestonSupreme Court of Alabama · 1894
3Cited by2 opinions
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1922
- Potts v. EllisSupreme Court of Alabama · 1939