Grooms v. Hannon
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by John Grooms against Allen Hannon, to recover from him two hundred dollars for failing or refusing to cancel a mortgage which had been fully satisfied. The plaintiff executed a mortgage on the first day of September, 1865, to John H. Caffey.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by John Grooms against Allen Hannon, to recover from him two hundred dollars for failing or refusing to cancel a mortgage which had been fully satisfied. The plaintiff executed a mortgage on the first day of September, 1865, to John H. Caffey. The mortgage was •duly recorded in the office of the judge of probate of Montgomery county, and was afterwards transferred to the ■defendant. Subsequently, the defendant received full payment of the amount due on the mortgage, and was requested to…
1Opinion of the Court
STONE, J.—
The statute under which this suit was brought is highly penal.—Code of 1876, §§ 2222-3. The penalty is denounced against the mortgagee, who fails to enter satisfaction on the mortgage, under the circumstances shown in the statute. To recover a statutory penalty, the party complaining must bring himself within the letter of the statute; for such statutes are construed strictly.—Fairly v. Davis, 6 Ala. 375; Russell v. Irby, 14 Ala. 131; Jones v. Brooks, 30 Ala. 588; Connoly v. A. & T. Rivers R. R. 29 Ala. 373; 2 Brick. Dig. 464, § 6; Authorities on brief of counsel. The statute does…
2Cases cited4 opinions
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Puryear v. BeardSupreme Court of Alabama · 1848
- Fairley v. DavisSupreme Court of Alabama · 1844
3Cited by18 opinions
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Scott v. FieldSupreme Court of Alabama · 1883
- Bright v. WynnSupreme Court of Alabama · 1923
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- State v. SquibbIndiana Supreme Court · 1908
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