Bell v. Wilkinson
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before tbe Hon. John K. Henry. Action for statutory penalty ($200), for defendant’s failure to enter of record, on request and demand of plaintiffs, satisfaction of a mortgage which had been paid and satisfied. Plea, that no demand or request was made by plaintiffs, or either of them. Replication, that the demand was made by plaintiffs’ agent and attorney, thereunto specially authorized.
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Appeal from the Circuit Court of Butler. Tried before tbe Hon. John K. Henry. Action for statutory penalty ($200), for defendant’s failure to enter of record, on request and demand of plaintiffs, satisfaction of a mortgage which had been paid and satisfied. Plea, that no demand or request was made by plaintiffs, or either of them. Replication, that the demand was made by plaintiffs’ agent and attorney, thereunto specially authorized. Demurrer, because request by agent or attorney is not authorized by statute, and is not sufficient. Demurrer sustained, and judgment thereon now assigned as…
1Opinion of the CourtSomeryille, J.
— This is a suit brought by the appellants against the appellee, Wilkinson, claiming a penalty of two hundred dollars, for a failure to enter satisfaction of a mortgage, after request, under the provisions of sections 2222 and 2223 of the Code of 1876. The request made of the appellee was not made by the mortgagors in person, or either of them, but by their specially authorized agent and attorney.
It is claimed that this is a penal statute, and must be strictly construed; and that it can not be implied that the request of an agent is to be substituted for that “ request of the mortgagor, ”…
2Cited by2 opinions
- Jarratt v. McCabeSupreme Court of Alabama · 1883
- L. & E. Lamar v. SmithSupreme Court of Alabama · 1900